Mohideen vs Kader – clr volume 3 page 013_2

In Mohideen v. Kader, the court addressed whether a consent judgment, obtained by a defendant’s proctor without actual authority, could be set aside on grounds of mistake, fraud, or collusion. The determination established that a court possesses inherent power to vacate orders procured by procedural impropriety, specifically when consent is shown to have been given irregularly or without authority. Reliance was placed on jurisprudence recognizing judicial discretion to relieve parties from orders entered under erroneous or deceptive circumstances. The holding affirms the principle that a court must be vigilant against the perpetuation of judgments obtained unfairly, mandating remittal to the lower court for inquiry where invalid consent is alleged.

Withers J. — It was determined that the