SPECIALIZED ENGINEERING COMPANY LTD V. KENYA COMMERCIAL BANK LTD

JUDGMENT

March 11, 1988, Platt JA delivered the following Judgment.

I have had the advantage of studying the judgment of Apaloo JA in draft and I agree in the result. As we are differing from the opinion of the learned judge, I add a few comments of my own.

I agree with the underlying approach of the learned judge that the Court ought to be very careful before finding that an order on an interlocutory matter is metamorphosed into a final decree. That can however happen if there is a compromise of the suit by the parties in the shape of a consent order which ends the dispute. As Apaloo JA has demonstrated with the support of comments in Halsbury’s Laws of England vol 22 3rd Edn p 765:

“A consent judgment or order may be taken on the hearing of an action commenced by writ or on some interlocutory application therein such as a motion for injunction.”

There are then the further steps to be taken under order 24 rule 6 of the Civil Procedure Rules. But of course there must truly be a consent ord…