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…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.…

…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 appellant at first filed a defence denying liability to the respondent but when the case came up for hearing before the High Court (Aganyanya, J) on the 20th February, 1989, a consent order was entered and the terms of…

…Unfortunately, Hariben died on July 3, 1980, with the result that there was a consent order in the High Court substituting Ranchod, as administrator of the Estate of Hariben, as second defendant, and, the proceedings before…

…They again appeared before him on (1) 13th February, 1996 (2) 29th February, 1996 and (3) 14th March, 1996 when (on the later date) a consent order in terms of "the caveat letter dated 4th March, 1996" was recorded.…

…On April 17, counsel for the plaintiff and counsel for the 1st defendant obtained a consent order for adjournment and for extension of the ex parte injunction order to April 22, 1986, then hearing was adjourned to April 28…

…The proposed amended memorandum of appeal was abandoned by virtue of a consent order in September 1984, and so we are left with that which is still a substantial memorandum containing seven main grounds of appeal and numerous…