A.I RECORDS KENYA LTD
V.
LAVINGTON SECURITY

RULING

1) Learned counsels appearing in this appeal executed the consent order dated 27^th June 2018. The aforesaid consent read in part as follows:

“By consent

i. That the appeal be allowed in terms of prayer (b) of the Memorandum of Appeal dated 21^st may 2013.

ii. That the Appellant does bear the costs of the Respondent to be agreed failing of which the same to be assessed by the Deputy Registrar.”

2) On 12^th July 2018, the Appellant’s advocate appeared before this court and in the absence of the Respondent’s advocate successfully applied to this court to adopt the consent order as the order of this court.

3) The Respondent has now taken out the motion dated 13^th July 2018 in which it sought for inter alia the consent order to be set aside. The Respondent filed a supporting and a further affidavit both sworn by Sheila Michira to buttress the motion.

4) When served, the Appellant filed grounds of opposition and a replying affidavit sworn by Steve Luseno to resist the motion. When the motion …