JUDGMENT OF GITHINJI J.A
This appeal raises an important point of law namely whether a court which has entered 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 Insurance (2nd defendant) claiming Shs. 198,750 being the amount due and owing in respect of services rendered and spares supplied for repair of motor vehicle registration no. KAD 226W Toyota Corolla “owned by first defendant and insured by the second defendant” at the defendants’ request. The two defendants files respective defences denying the claim. Gateway specifically pleaded that the plaint did not disclose a cause of action ag…