Search court decisions

…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.…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…On 13th November, 1996 both learned counsel recorded a consent order in the following terms. “By consent interest on the sum of Kshs. 65,000 shall be 27% from the date the loan was obtained......”…

…In the absence of any such guidance, it will lead to a miscarriage of justice to interfere with the consent order aforesaid.…

…THAT the consent order of the 10th February, 1998 be stayed. 2. THAT the consent order of 10th February 1998 be reviewed. 3.…

…Kimani for the applicant conceded that the consent order was lawfully entered, and that he was seeking this court’s indulgence so that instead of paying Kshs.50,000/= per month.…

…When this application came up for hearing on 11th March, 2002 a consent order was recorded to the effect that the boundary be fixed as prayed.…

…I have in particular perused the consent order given on 11th March, 2002 and the joint surveyors report so as to determine the present application.…

…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.…

…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.…

…The defendant having filed his defence an order by consent was recorded on September 25, 1979 before Cotran J (as he then was), as follows: “By Consent: The defendant to leave parcel No South Kabras/Bukusu/952 within 6 months…

…It is for this parcel of land that the consent order was obtained and not parcel of land South Kabras/Bushu/852 where the applicant resides and of which the respondents are now registered as owners.…

…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 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.…

…order made by this court on October 29 1982 in Civil application 42 of 1982.…

…Three days later, this court made the consent order with no order as to costs on the undertaking of the respondent’s advocate, Mr Nowrojee, that he would prosecute the intended appeal expeditiously.…

…The defendant having filed his defence an order by consent was recorded on September 25, 1979 before Cotran J (as he then was), as follows: “By Consent: The defendant to leave parcel No South Kabras/Bukusu/952 within 6 months…

…It is for this parcel of land that the consent order was obtained and not parcel of land South Kabras/Bushu/852 where the applicant resides and of which the respondents are now registered as owners.…

…On 16/6/98 in the presence of two counsel for the plaintiff and counsel then on record for the defendant the following consent order was made:- 1.…

…That they have good grounds for asking the court to set aside the consent order because at the time the consent order was made the defendants’ counsel then on record had no written authority from the defendants to enter into…

…He depones further that the ownership of the money had been decided by a consent order entered into by the parties. For these reasons he asks that the court orders the realease of the money to the applicant.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…He depones further that the ownership of the money had been decided by a consent order entered into by the parties. For these reasons he asks that the court orders the realease of the money to the applicant.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…The position seems then to be that the landlord appellant had agreed to give the divided premises to the respondent as from the date of the consent order of May 10, 1978. That was lawful.…

…Later on there was a consent order. That is within the powers of the landlord. But there is no ground for saying that the Landlord’s offer keeps the old tenancy alive.…

…The copies of the proceedings and consent order of the principal Magistrate’s court at Kiambu, made on 31st January, 1980 by the District Magistrate, also leave no doubt that the land was to be registered in the name of Wangari…

…copies of the proceedings and judgment and also that the two interlocutory applications, the first on behalf of the applicant for a stay of execution and the second by the respondent in connection with the setting aside a consent…

…order which was recorded by O’Connor, J. caused some delay.…

…By that date some of the defendant’s property had been attached but was released in accordance with the consent order.…