REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, GITHINJI and VISRAM JJ.A.) CIVIL APPEAL NO. 317 OF 2004 GATEWAY INSURANCE COMPANY LTD............................. APPELLANT VERSUS ARIES AUTO SPRAYS......................................................RESPONDENT
(Appeal from the ruling and order of the High Court of Kenya at Kisumu (Tanui, J.) dated 18th December, 2003
in H.C.C.C. NO. 90 OF 2001) **************** JUDGMENT OF GITHINJI J.A
This appeal raises an important point of law namely whether a court which has entred a consent judgment or made a consent order in which time for taking certain actions or steps had been stipulated has jurisdiction to extend time so stipulated on application by a party to the consent judgment or order.
The background to the appeal is as stated hereunder.
Sometime in 1998 Aries Auto Sprays the respondent herein filed a suit in the Chief Magistrate Court Kisumu – CMCC No. 1273 of 1998 against Michael Mugele (1st defendant) and Gateway Insu…