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…Order made and/or recorded by the Honourable Mr.…

…Oraro has submitted that the respondent having not chosen any of those options he cannot now challenge the consent order which he has not attempted to have set aside.…

…and submitted that the application did not meet the threshold for setting aside a consent order. 19.…

…To impeach a consent order or a consent judgment, it must be shown that it was obtained by fraud, or collusion, or by an agreement contrary to the policy of the Court” 25.…

…Upon learning of the consent order, the Appellant filed a Notice of Motion dated 21st March 2024 seeking joinder as an interested party and the setting aside of the consent order.…

…The Respondents urged the court to uphold the consent order and dismiss the appeal with costs. Issues for Determination 27.…

…2023, well before the consent order of 11th December 2023.…

…It was argued that the Advocate does not dispute that the payment of Kshs. 5,000,000/= was made after adoption of the consent order and has not explain why the consent order explicitly referred to that sum if the fees had…

…The deponent further claimed that the said consent order had led to the eviction of over 180 people from their homes.…

…He further claimed that setting aside the consent order would derail the settlement process and prejudice their interest.…

…order and further consent order all dated 4th November, 2022, and duly filed and adopted as the final Judgment of the court on 4th November, 2022. 4.…

…THAT a further 10 acres attached to the Donyo Sabuk/Kibiko Block 7/889 be excised and transferred to the Interested Party in line with the consent order and further consent order all dated 4th November, 2022, and duly filed…

…The applicant stated verbatim the scope of the compromised application and the consent order adopted by the court.…

…The Applicant averred that the consent order can be determinative.…

…Mumina also wrote an email indicating they will not comply with the consent order.…

…This was repeated when the consent order dated19th .6.2025 was recorded and adopted by this court.…

…The Respondent/Applicant contends that the Appellant has not complied with the consent order in that it has failed to deposit the decretal sum and to file the memorandum of appeal as per the consent order. 3.…

…The consent order which was adopted as an order of the court on 26.10.23 indicated that the memorandum of appeal was to be filed upon filing of the consent.…

…THAT the Honourable Court be pleased to set aside the consent Order dated 25th June, 2020. 5.…

…Advocates, for any loss to the Estate of David Makumbi Mutisya (deceased) caused by the impugned consent Order. 7.…

…It is stated that the trial court erred by setting aside the consent order while leaving the consent itself intact.…

…Wasike v Destimo Wamboko KECA 149 (KLR) , the Appellant submits that a consent order is a binding contract between the parties.…

…He noted that, on 6th February 2024, this Court affirmed the contents of the consent order of 11th December 2023 by stating: “based on the consent order dated 11th December 2023, both Mr.…

…None of the parties have moved the court to set aside the consent order and it therefore remains valid.…

…Mumina also wrote an email indicating they will not comply with the consent order.…

…This was repeated when the consent order dated19th .6.2025 was recorded and adopted by this court.…

…The Consent Order(s) and decree arising from the alleged consent agreement dictated by Learned Counsel Mr.…

…The said consent was later adopted as a court order on December 17, 2021, and a consent order was issued on December 14, 2021. 16.…

…That setting aside the consent order will amount to setting aside valid orders issued by another court of competent jurisdiction.…

…That consent order was not a conditional one.…

…As evident from the minutes, the consent order was approved and adopted by a resolution of directors and/or shareholders.…

…Whether Midas and Ruiru farms were the subject of the consent order and 1st defendant’s resolutions.…

…The applicants intend to have the consent order executed as disclosed in the application.…

…The applicants have a vested right to the consent order which ought to be effectual; see also Shahmad-vs-Shamji Bros and another (1957) EA 438.…

…This consent order shall be filed in Criminal case for further action by the trial court under section 204 of the Criminal Procedure Code. 6.…

…This consent order shall be filed in Criminal case for further action by the trial court under Section 204 of the Criminal Procedure Code.…

…The Applicant by an application dated the 19th June, 2024 sought the following orders from the court: a) That the consent order of the 15th June, 2022 be reviewed and set aside. b) That the court do provide costs for the…

…According to the applicant, the consent order was recorded by an advocate who had been instructed by the advocates formerly on record for the 1st Defendant 7.…