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Kenya decisions
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Voks Fashions Limited v Baraza [2025] KEELRC 1501 (KLR)
The court dismissed an application to set aside a consent order, finding the applicant failed to show lack of authority or full satisfaction of the decree.
Cross Country Ventures Limited v Nairobi City County [2025] KEELC 4099 (KLR)
The Environment and Land Court declined to set aside a consent decree, finding no proof of fraud, collusion, mistake, or lack of authority by counsel.
Mwalambe & another v Freedom Limited [2025] KECA 252 (KLR)
The Court of Appeal dismissed an appeal challenging a consent judgment, holding the appellants failed to prove their advocate lacked authority and had delayed too long.
Otieno & another v Bodo [2025] KECA 73 (KLR)
A consent judgment, being a contract of record, can only be set aside on specific grounds such as fraud or collusion supported by sufficient evidence. Additionally, actions taken by an advocate with a valid admission but lacking a practicing certificate at the time are not automatically null, and a party who appointed such an advocate cannot prejudice the other party by seeking to undo those actions based on the advocate's lack of a practicing certificate.
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County Government of Kitui v Power Pump Technical Company Limited [2024] KECA 1501 (KLR)
The Court of Appeal held that the applicant failed to demonstrate any exceptional circumstances or process failures that would justify invoking the Court's limited and circumscribed jurisdiction to grant leave to appeal from the High Court's recognition and enforcement of the arbitral award. The applicant's allegations of fraud, bribery, and lack of advocate authority were unsupported by evidence, and the record showed the advocate had ostensible authority to act. The arbitral tribunal acted within its statutory powers in amending the award, and the applicant's challenge was essentially to th…
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Kuwinda Rurinja Company Limited v Kuwinda Holdings & 13 others [2024] KECA 1397 (KLR)
The Court of Appeal dismissed an application for leave to appeal to the Supreme Court, finding no issue of general public importance and no basis for an interim injunction.
Boit (Suing as the Administrator and Legal Representative of the Estate of the Late Samuel Kiplel Boit) v Chumo & 3 others [2024] KEELC 5083 (KLR)
The court found that there was no evidence that the advocate who entered into the consent order acted without authority, in bad faith, or contrary to the applicant's interests. There was no indication of fraud, collusion, mistake, or misrepresentation. The conduct of the parties after the consent was entered, including multiple hearing dates where the issue was not raised, suggested acquiescence. The application to set aside the consent was deemed an afterthought intended to delay the proceedings. Therefore, the application to set aside the consent order was dismissed with costs to the respon…
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Gachu & another v Manyeki & another [2024] KEHC 5621 (KLR)
The High Court declined to reinstate a withdrawn civil appeal, holding that the advocate on record had authority to withdraw it and that withdrawal was final.
Guzzini & another v Tinga & 7 others [2024] KECA 493 (KLR)
The Court of Appeal held that the appellants failed to demonstrate any valid ground for setting aside the consent judgment, such as fraud, collusion, or lack of authority by their advocates. The court found that the advocates on record had implied general authority to compromise the matter on behalf of the appellants, and there was no evidence of express negative instructions or vitiating factors. The court emphasized that a consent judgment is in the nature of a contract and cannot be set aside without good reason. The appellants' allegation that they were not informed of the consent's conte…
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African Orthodox Church of Kenya Registered Trustees & another v Orthodox Archbishopric of Kenya and Irinoupolis Limited & another [2024] KEELC 1129 (KLR)
The court allowed a post-judgment application and authorized the Deputy Registrar to execute transfer documents for several land parcels after non-compliance with a mediated judgment.
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