In re Estate of Patroba Nduri Mbai (Deceased) [2016] [2016] KEHC 2460 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 2274 OF 2012

IN THE MATTER OF THE ESTATE OF PATROBA NDURI MBAI

(DECEASED)

RULING

1. The Motion dated 26th September 2014 seeks setting aside of orders made on 15th July 2014. .

2. The impugned order was recorded before Kimaru J by consent. It states:-

‘By consent, the 4 parcels of land be valued, and thereafter there shall be equal distribution of the same among the 4 houses of the deceased to be held in trust by the widows for the children. The 2nd house will later care for the protestor’s interest. Mention on 6th October 2014. ’

3. Counsel appearing thereafter signed on the record.

4. A consent order has the same force of law as a contract. It can only be set aside on the same grounds and for the same reasons as would justify setting aside a contract. These grounds and reasons include illegality, fraud, misrepresentation, coercion and undue influence.

5. There is nothing in the Motion dated 26th September 2014 that brings out the grounds for setting aside the consent order on record.

6. I find no basis at all upon which I can set aside the order recorded on 15th July 2014. The Motion dated 26th September 2014 must accordingly fail. It is hereby dismissed with costs to the respondents.

7. It is so ordered.

DATED, SIGNED and DELIVERED at NAIROBI this 26TH DAY OF OCTOBER, 2016.

W. MUSYOKA

JUDGE