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…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.…

…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…

…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.…

…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.…

…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.…

…by consent.…

…All counsel said, which is true, is that court orders must be obeyed even those arising out of a consent order between the parties.…

…That he did not know of the consent order of 11th May 2022 until he perused the court file.…

…That if the consent order is not set aside, he will suffer irreparable damage as he is a joint owner of the suit property with the plaintiff/respondent.…

…It however turned out that, almost 1 year later, the consent order had not yet been implemented. Upon Application by Ms.…

…He deponed that the Mediation is still ongoing as is still incomplete, and urged that at no point did the said append or concede to any consent order of 14/11/2023.…

…order. 3.…

…order was a party to the said order, and in the current case the Applicants were not parties to the consent order. 26.…

…The legal threshold for setting aside a consent order is satisfied where fraud, collusion, illegality, or ignorance of material facts is demonstrated.…

…The consent order adopted on 6th June 2022 cannot be allowed to stand.…