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…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.…

…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.…

…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.…

…The same was adopted as consent order (MRM-7) accordingly. In that regard, the parties are bound by MMR-1, the consent dated 28th June 2021.…

…Therefore, the suit land be subdivided in terms of the consent order dated 26th October 2023 (MRM-7) annexed to the affidavit in support of the application.…

…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.…

…Following the adoption of the consent an order was issued on 4 th July 2021 (annexed to the Supporting Affidavit as MRM-1 ). 4. The terms of the consent order of 28 th June 2021 were, in summary, as follows: i. That LR.…

…The above principles apply with particular force to where what is sought to be disturbed is a consent order which is not challenged.…

…She might well have added that a true consent order could only be set aside by consent.…

…This principle would in or our view, apply with equal force to a consent order such as the one made on 18th June, 1990.…

…That the Honourable court be pleased to review the consent order dated 30/1/2025 adopted by the court and have the half decretal sum of Kshs475,000/= deposited in court.…

…That the Honourable court be pleased to review the consent order of 30/1/2025 adopted by court and order that the payment of Ksh475,000/= paid to the Respondent’s counsel on 9/6/2025 is paid as part payment of compliance…

…The grounds upon which the Application is premised are that the Respondent/Applicant’s stated that case is that the parties compromised the Appellant’s application for leave to file appeal out of time by a consent order of…

…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.…

…the consent order. 9.…

…The facts in this case have been set out; the only issue for determination is whether the trial court erred in setting aside the consent order adopted on 6/12/2023. 12. In Flora N.…

…On 08th April 2025, this Court declined to extend time for compliance with the consent order, having found that the reason advanced, chiefly financial hardship, was insufficient.…

…That application was dismissed on 08th May 2025, with the Court finding that the Appellant had not complied with the consent order dated 10th March 2025.…

…Noorali Esmail Kassam [1952] 19 EACA 131 (Sir Barclay Nihill P, Sir Newnham Worley VP & Mayers J), upon which a consent order could be interfered with by the court. 5.…

…Yet, the ruling, whose order she challenges, turned on only 1 issue, whether the consent order recorded should be reviewed.…

…He further states that the Applicant has refused to comply with a consent order recorded on 29 th May 2025 granting him actual custody of the minor, and has instead hidden the child thereby violating his parental rights.…

…He observed that the Appellant has deliberately disobeyed the consent order, refused to comply, and kept the child away from school, which amounts to contempt of court.…

…When that day arrived the learned judge recorded this – ‘Order, by consent – plaintiff to reply to counterclaim within 14 days of today, in default judgment to be entered for the counterclaim.…

…Nduhiu and Mwotia were still represented then by the same advocates and each consented to that order. Neither Nduhiu or Mr Macharia for him filed a reply to the counter-claim within 14 days or at all.…

…The legal effect of a consent order is no longer in doubt. In Flora N.…

…The Appellants do not dispute that they were aware of the consent order.…

…On 08th April 2025, this Court declined to extend time for compliance with the consent order, having found that the reason advanced, chiefly financial hardship, was insufficient. 8.…

…That application was dismissed on 08th May 2025, with the Court finding that the Appellant had not complied with the consent order dated 10th March 2025. 9.…

…No. 1574 of 2010 which is a test suit vide a consent order that covers many matters including the suit in which the application had been filed.…

…That in CC No. 1574/10, there is a consent order to determine the issue of liability recorded on 1.10.12.…

…The trial court found that the applicant had not satisfied the conditions necessary for setting aside the mediation agreement which was treated as a consent order by the court.…

…Going forward, the mediation settlement agreement, having been adopted as an order of the court, takes the form of a consent order.…

…The learned Trial Magistrate erred in law in varying the terms of a consent order when no fraud or collusion had been demonstrated and no sufficient material had been given. 2.…

…It is trite law that a consent order is tantamount to a contract entered into between the parties. The duty of the court is to enforce the consent as is written.…