Judgment[1994] KECA 78
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…The crux of the preliminary point raised, which is one of law, is whether the consent order had the effect of resuscitating the suit for estoppel to lie.…
…The parties respective legal counsels appeared and announced to the court that they had a proposed order, by consent, which they wanted the court to consider and record.…
Division and case type: CivilCivil Case
…By that date some of the defendant’s property had been attached but was released in accordance with the consent order.…