REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS COMMERCIAL AND TAX DIVISION CORAM: D. S. MAJANJA J. CIVIL CASE NO. 128 OF 2018 BETWEEN JOSEPH WANGOMBE THUO........................................1 ST PLAINTIFF JANE WANJIRU WANGOMBE......................................2ND PLAINTIFF AND BANK OF AFRICA LIMITED............................................DEFENDANT RULING NO. 2 The Plaintiffs’ application is dated 25 th September 2019 seeking to set aside a consent order between the parties dated 24 th November 2015 and subsequent sale of the suit property pursuant to the consent is not merited as Kasango J., dealt with similar application and on 13 th June 2018 dismissed it. This application is now res judicata in so far as it seeks to raise the same issues regarding the consent. The consent likewise cannot be set aside as the grounds for setting aside like fraud, mistake, undue influence have not been proved. The application is therefore dismissed with costs to the defendant DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF JULY 2020. D. S. MAJANJA JUDGE Mr Wawire instructed by Wamae and Allen Advocates for the Defendant. Muturi Njoroge and Company Advocates for the plaintiffs.
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