Yasmin Abdulkarim T/A Y.A. Ali Advocates v Southern Credit Banking Corporation Limited [2013] KECA 23 (KLR)
- Court
- Court of Appeal
- Case number
- 23
- Citation
- [2013] KECA 23 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the dismissal of an application to strike out a suitCoramE. M. Githinji, Asike-Makhandia, F. Sichahe
Holding
The appeal is dismissed with costs to the respondent.
Facts
Southern Credit Banking Corporation Limited (Bank) claimed damages for breach of professional legal services contract by way of negligence from Yasmin Abdulkarim (Advocate) for services rendered in 1996. The Bank alleged that the Advocate failed to act diligently in drawing a legal charge and advising the Bank that the charge was incurably defective. The Bank filed a suit and an appeal, which were dismissed.
Issues
- Whether the suit is scandalous, frivolous, vexatious, or an abuse of the process of the court.
- Whether the suit is time barred by the Limitation of Actions Act.
Reasoning
The High Court's decision declaring the charge invalid gave rise to the cause of action. The suit is not frivolous, vexatious, or an abuse of the court's process. The claim for damages is not irrecoverable.
Outcome
Appeal dismissed
Orders
- The suit is not struck out
Authorities cited
Legislation (1)
- Limitation of Actions Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…