GIBIER BRANDUZZI vs HAMISI ABKAHIM SWALEH [2002] KEHC 579 (KLR)

IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT 260 OF 2001

GIBIER BRANDUZZI ……..………………………………… PLAINTIFF VERSUS HAMISI ABKAHIM SWALEH ………………………….. DEFENDANT R U L I N G

A third party seeks to review a consent order made between the Plaintiff and Defendant in this case. The Plaintiff has given oral evidence saying the vehicle is hers and she does not know the third party. In any case the third party is not a party to the consent. No reasons are advanced to enable the court to open up consent agreement reached by the parties. In the circumstances 1 find no merit in this application and the same is dismissed with costs.

Dated at Mombasa this 17 Day of June 2002.

J. KHAMINWA COMMISSIONER OF ASSIZE

Read in presence of Kidzimba Kimani holding brief Chitembwe