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FLORA N. WASIKE
V.
DESTIMO WAMBOKO

(1985) JELR 97853 (CA)

Court of Appeal 25 Jan 1985 Kenya
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- The case involves a dispute over a consent judgment regarding the sale of a plot of land. - The appellant claims that she did not consent to the judgment and that her lawyer acted without her knowledge or authority. - The appellant also a

Case Details

Suit Number:Civil Appeal 81 of 1984
Judges:James Onyiego Nyarangi Harold Grant Platt Alan Robin Winston Hancox
Location:Kisumu
Other Citations:Flora N. Wasike v. Destimo Wamboko[1988] eKLR

JUDGMENT

(Appeal from the High Court at Kakamega, Gicheru J)January 25, 1985 Hancox JA delivered the following Judgment.

The point for our determination is whether the consent judgment recorded by Gicheru J on the 23 May this year, whereby the respondent agreed to sell plot 533 Kibisi Settlement Scheme of which he was the registered allottee, to the appellant for Shs 150,000/= and in default of payment of which sum by the 23 August 1984, the appellant agreed to yield up vacant possession, can be set aside on an appeal to this Court. The starting point is that section 67 (2) of the Civil Procedure Act (Cap 21) states that no appeal shall lie from a decree passed with the consent of the parties.

The appellant tendered a written submission to this court and informed us that she had not consented to the judgment, and, if her advocate at the time, Mr H S Dhanjal did so, then it was without her knowledge or authority. Moreover, the case had not been presented to the High Court in the way she a…

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