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…It is admitted that the petitioner granted the company a loan of Kshs 7 million in respect whereof a consent order for payment of the same was made in HCCC No 310 of 1990 MBWANJI LTD VS DFCK LTD.…

…That according to the company it has repaid the entire loan and has complied with the consent order aforesaid and is disputing the Kshs 7,228,478/85.…

…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 appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions.…

…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.…

…Both parties agree that the consent order superseded the previous temporary reliefs of the court and therefore it is the terms of the consent order that are in force.…

…I have looked at the consent order provided in the proceedings before me.…

…It states the issue of rent payment was raised in June 2025 long after the 6 th February 2025 consent order. 5.…

…It simply claims the Defendant failed to comply with the consent order by not paying rent.…

…a total of Kshs. 74.3 Million plus interest from the Company''s account to the Respondents (“the Consent Order”).…

…The main issue for determination is whether the Consent Order ought to be reviewed or set aside in its entirety?…

…Upon learning of the consent order, the Appellant filed a Notice of Motion dated 21st March 2024 seeking joinder as an interested party and the setting aside of the consent order.…

…The Respondents urged the court to uphold the consent order and dismiss the appeal with costs. Issues for Determination 27.…

…The terms of the Consent Order triggered the filing of two applications by BGP and the Ministry.…

…2024, and seeks to set aside the Consent Order.…

…This application was allowed by consent and was adopted as an order of the court on 19th December 2024(“the Consent Order”).…

…For it to proven that the Bank is in contempt of the Consent Order, it has to be demonstrated that the Bank had knowledge of the same, that the Consent Order was clear and unambiguous, that the disobedience and/or defiance…

…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…

…Order of 6th December, 2017(“the Consent Order”) as it relates to the Flat No. 3, Block C, York Apartments (“the Flat”); set aside the sale and subsequent transfer of the Flat to AWN or any other purchaser; an order to the…

…Mary submitted that she was not a party to the suit when the Consent Order was entered.…

…The applicant stated verbatim the scope of the compromised application and the consent order adopted by the court.…

…The Applicant averred that the consent order can be determinative.…

…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 Respondent/Applicant contends that the Appellant has not complied with the consent order in that it has failed to deposit the decretal sum and to file the memorandum of appeal as per the consent order. 3.…

…The consent order which was adopted as an order of the court on 26.10.23 indicated that the memorandum of appeal was to be filed upon filing of the consent.…

…Further that the Application before the Court seeks to review of the consent order through the back door.…

…order; the intended appeal has already been rendered nugatory for failure to comply with the consent order; the consent order recorded by the parties herein has never been set aside by the parties or by the Court. 7.…

…I will first address the effect of the consent order before turning to the merits of the application.…

…In this regard, it is not disputed that the 6th Defendant settled the principal sum in accordance with the consent order.…

…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.…

…The Respondent submits that the impugned order of 17 th April 2024 was a Consent Order freely and voluntarily entered into by the parties.…

…order.…