Timothy Sachiti and Alice Sachiti v Gift Mukaronda

Key Issues

• {"issue_text":"Whether the application for rescission of judgment is properly brought under Rule 449 of the High Court Rules, 1971","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants used Rule 449 to seek rescission of a consent order"}
• {"issue_text":"Whether Rules 63 and 449 apply to consent orders","issue_type":"procedural","dispositive":"yes","related_facts":"Consent order was signed by parties, not default judgment"}
• {"issue_text":"Whether the delay in filing the application is fatal","issue_type":"procedural","dispositive":"no","related_facts":"Applicants took two and a half years without explanation"}
• {"issue_text":"Whether Rule 56 is the correct procedure to set aside a consent order","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent argued Rule 56 should have been used"}

Background