[2002] KEHC 579 (KLR)
The court found that the third party was not a party to the consent order between the plaintiff and defendant and had not advanced any sufficient reasons or grounds to justify the review or setting aside of the consent. The plaintiff's evidence established ownership of the vehicle and lack of knowledge of the third...
Source-derived case information.
- Citation
- [2002] KEHC 579 (KLR)
- Parties
- Plaintiff: Gibier Branduzzi; Defendant: Hamisi Abkahim Swaleh
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 260 of 2001
- Procedural Posture
- Civil Suit / Ruling on Application to Review Consent Order
- Outcome
- application dismissed with costs
- Legal Topics
- Consent Orders, Review of Orders, Third Party Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gibier Branduzzi
Plaintiff
Hamisi Abkahim Swaleh
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Review Consent Order
Legal Issues
- 1 Whether a third party can seek review of a consent order to which they are not a party.
- 2 Whether sufficient grounds exist to set aside or review a consent order between the plaintiff and defendant.
Ratio Decidendi
The court found that the third party was not a party to the consent order between the plaintiff and defendant and had not advanced any sufficient reasons or grounds to justify the review or setting aside of the consent. The plaintiff's evidence established ownership of the vehicle and lack of knowledge of the third party. In the absence of fraud, collusion, or mistake, and with no exceptional circumstances shown, the court held that the application to review the consent order was without merit and dismissed it with costs.
Court Disposition
application dismissed with costs
Orders
- The application to review the consent order is dismissed with costs.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT 260 OF 2001
GIBIER BRANDUZZI ……..………………………………… PLAINTIFF VERSUS HAMISI ABKAHIM SWALEH ………………………….. DEFENDANT R U L I N G
A third party seeks to review a consent order made between the Plaintiff and Defendant in this case. The Plaintiff has given oral evidence saying the vehicle is hers and she does not know the third party. In any case the third party is not a party to the consent. No reasons are advanced to enable the court to open up consent agreement reached by the parties. In the circumstances 1 find no merit in this application and the same is dismissed with costs.
Dated at Mombasa this 17 Day of June 2002.
J. KHAMINWA COMMISSIONER OF ASSIZE
Read in presence of Kidzimba Kimani holding brief Chitembwe