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ELCDismissedNot stated in the judgment· [2024] KEELC 409 (KLR)

Muli v Waruingi & another (Environment & Land Case E026 of 2020) [2024] KEELC 409 (KLR)

Environment and Land Court
31 January 2024
COChristine Ochieng
2,252 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Machakos refused to undo a land settlement agreement, confirming that signed court consents bind parties unless fraud is proven.

What this practically means

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Executive summary

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This was a ruling on the Plaintiff's Notice of Motion dated 21st March, 2023 seeking stay of execution of a consent dated 15th March, 2023 and adopted as judgment on 16th March, 2023, reinstatement of caveats and injunctive orders issued on 10th February, 2021, and setting aside of the consent so the suit could proceed to full hearing. The underlying suit concerned ownership of land parcel LR No. 12715/716, with each party claiming to be the bona fide owner and seeking cancellation of the other's title. The parties negotiated out of court and recorded a consent declaring the 1st Defendant the beneficial and registered owner, cancelling the Plaintiff's title, lifting the caveats, discharging the injunctive orders, and providing for payment of the Plaintiff's costs, including a professional undertaking by the 1st Defendant's advocate for payment of Kshs. 6,000,000. The Plaintiff alleged the consent was procured through fraud, deceit and material non-disclosure, claiming the defendant's advocate misled him about the availability of funds. The 1st Defendant opposed, citing material non-disclosure by the Plaintiff, asserting the application was overtaken by events as the decree had been executed. The court framed a single issue: whether the consent should be set aside. Applying the settled principle that consent judgments have contractual effect and may only be set aside on grounds that would vitiate a contract, the court found no demonstrated fraud, undue influence or contravention of public policy, noting the Plaintiff's own advocate filed the consent and the undertaking remained enforceable. The application was dismissed with no order as to costs.

Key legal issues

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Whether the consent judgment dated 15th March, 2023 and adopted on 16th March, 2023 should be set aside for fraud, deceit, material non-disclosure and being contrary to the policy of the court

Holding

The application fails; the consent stands since no fraud, collusion or public policy ground was demonstrated, and the plaintiff retains remedies of executing the decree and enforcing the professional undertaking

Reasoning

The court applied the settled law that consent judgments have contractual effect and may only be set aside on grounds that would vitiate a contract. The court found the plaintiff's own advocate filed the consent, parties and advocates consented in the presence of both sides, and the defendant's advocate issued a professional undertaking for Kshs. 6,000,000 which the court opined is enforceable. The plaintiff could execute the decree and enforce the undertaking rather than set aside the consent.

p. 5

Legal principles established

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  • A consent judgment has contractual effect and can only be set aside on grounds which would justify setting a contract aside, such as fraud, collusion or reasons enabling the court to set aside an agreement

Court orders

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  1. 1.The Notice of Motion Application dated 21st March, 2023 is unmerited and disallowed
  2. 2.No order as to costs
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over the suit land LR No. 12715/716 and the consent order adopted as judgment therein

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Muli v Waruingi & another (Environment & Land Case E026 of 2020) [2024] KEELC 409 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/409/eng@2024-01-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.