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ELCPartially AllowedNot stated in the judgment

Spacemaster Properties Limited v Bamboo Cask Limited (Environment and Land Miscellaneous Case E283 of 2024) [2026] KEELC 1425 (KLR)

Environment and Land Court
12 March 2026
3,019 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Nairobi court refused to undo a land settlement agreement and allowed the landlord to evict the tenant in three months.

What this practically means

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Executive summary

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The suit had been marked settled on 25th March 2025 upon a consent dated 20th March 2025, adopted as an order of the court. Three applications then came before the court: two by the Judgement debtor seeking stay and setting aside of the consent order (alleging its former advocates lacked instructions and misrecorded the lease extension as October 2025 instead of October 2026), and one by the Decree holder seeking eviction, vacant possession, a permanent injunction, warrants of execution and police security over LR No. 209/1245 and LR No. 209/22352, Nairobi. The Decree holder relied on authorities holding that consent orders can only be impeached on grounds justifying rescission of a contract, such as fraud, collusion or misrepresentation. The court applied Board of Trustees NSSF v Michael Mwalo, Guzzini v Tinga, Kuwinda Rurinja and Hirani v Kassam, and held that the consent was not vitiated: the Judgement debtor's own advocate had reported the settlement, no affidavit from the erstwhile advocate supported the claim of lack of instructions, no fraud or collusion was proved, and the debtor had filed the applications late, filed two other suits adopting the same consent, and settled rent arrears. The Judgement debtor's applications dated 3rd and 13th October 2025 were dismissed; the Decree holder's application dated 14th October 2025 was allowed, with eviction directed after three months. Costs were awarded to the Decree holder.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the consent order dated 20th March 2025 and adopted by the court on 25th March 2025 should be set aside
  2. 2.Whether the Applicant/Decree Holder is entitled to enforce the consent dated 20th March 2025 and adopted as order of court on 25th March, 2025

Key legal issues

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01

Whether the consent order dated 20th March 2025 should be set aside for mistake, misrepresentation or collusion

Holding

The application to set aside failed; the Judgement debtor did not prove fraud, collusion or lack of authority of counsel

Reasoning

The court noted that it was the Judgement debtor's own advocate who informed the court of the settlement and filed the consent. The debtor waited until 3rd October 2025, days before lease expiry, to challenge it, filed two other suits on the same subject adopting the same consent, and settled rent arrears. No affidavit from the erstwhile advocate supported the claim of lack of instructions, and the alleged Kshs 20 million compensation arrangement had no documentary evidence.

p. 6
02

Whether the Decree holder is entitled to enforce the consent by evicting the Judgement debtor

Holding

Enforcement allowed, but eviction directed after three months in the interest of justice

Reasoning

Having declined to set aside the consent, the court held there was a decree that could be executed. It balanced this against the interest of justice by deferring the eviction for three months, effectively granting the Judgement debtor a window to vacate rather than immediate eviction.

p. 6

Legal principles established

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  • A court will not interfere with a consent judgment except in circumstances that would justify varying or rescinding a contract, such as fraud, collusion or an agreement contrary to public policy
  • In the absence of fraud, mistake or misrepresentation, consent orders stand and the court will not inquire into counsel's instructions
  • Ostensible authority of an advocate to compromise cannot be upheld where consent is diametrically opposed to express client instructions, but this must be demonstrated to the court

Court orders

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  1. 1.The Judgement debtor's applications dated 3rd October 2025 and 13th October 2025 are disallowed
  2. 2.The Decree holder's application dated 14th October 2025 is allowed
  3. 3.The consent order dated 20th March 2025 and adopted on 25th March 2025 is not set aside
  4. 4.Eviction of the Judgement debtor to be effected after three (3) months of the Order
  5. 5.Costs to the Decree holder

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction over the suit and its executing decree (statutory basis not expressly cited in the judgment)

Relief refused

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Stay of execution of the consent order entered on 20th March 2025

The Judgement debtor failed to demonstrate fraud, collusion or mistake sufficient to vitiate the consent

p. 6

Setting aside ex debito justitiae of the consent order of 20th March 2025 and consequential orders

No affidavit from the erstwhile advocate supported the claim of lack of instructions; no fraud, undue influence or misrepresentation demonstrated

p. 6

Alternative order of status quo in relation to LR No. 209/1245 and 209/22352

The applications premised on setting aside the consent failed

p. 6

Costs

Costs to Decree holder.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I however find the Decree holder's application dated 14th October, 2025 as merited and will allow it and direct that the Judgement debtor be evicted after three (3) months of this Order.
p. 6Final orders - eviction
To impeach a consent order or a consent judgment, it must be shown that it was obtained by fraud, or collusion or by an agreement contrary to the policy of Court.
p. 5Principles for setting aside consent judgments
I am unable to set aside the consent judgement dated the 20th March, 2025 and adopted as an Order of Court on the 25th March, 2025.
p. 6Refusal to set aside consent order
Costs to Decree holder.
p. 6Costs

Issues in the judgment

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minor

The notice of motion dated 13th October 2025 is described as seeking 'similar orders as in its application dated 3rd October 2024' although the earlier application is dated 3rd October 2025 - an apparent internal date inconsistency

minor

The suit's case number is not stated anywhere in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Spacemaster Properties Limited v Bamboo Cask Limited (Environment and Land Miscellaneous Case E283 of 2024) [2026] KEELC 1425 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1425/eng@2026-03-12

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.