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…That the Consent Orders made in the presence and consent of Counsel are binding on all parties to the proceedings and cannot be varied or discharged unless done so by consent or unless they were obtained by fraud or collusion…

…That the orders of 3rd December, 2014 can only be vacated on the making of a formal application by the Respondents and upon proof of mistake, fraud or non-disclosure of material facts by the Applicant. 6.…

…He is a third party as far as the land is concerned having not been party to whatever fraud the defendant alleges against the plaintiff’s father. Moreover, the decision of the elders is unenforceable.…

…That the consent entered into herein is binding on the parties as there is no suggestion or allegation of fraud or collusion and or mistake. 13.…

…In the case of Brooke Bond Liebig (T) Ltd v Maliya (1975) EA 266 it was held inter alia that a consent judgment may only be set aside for fraud, collusion or for any other reason which would enable the court to set aside…

…Charges of fraud should not be lightly made or considered. Mason v Clarke [1955] AC 778, 794: Bradford Building Society v Borders, [1941] 2 All ER 205.…

…Whether there is an evidence to support an allegation of fraud is a question of fact. Ludgater v Love (1881), 44 LT 694 (CA). Halsbury’s Laws of England, Vol 26 Third Ed, (1959) page 845, para 1572.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…