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Daniel Maingi Muchiri v Jubilee Insurance Company Limited [2017] KECA 101 (KLR)

[2017] KECA 101 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
101
Citation
[2017] KECA 101 (KLR)
Decided
15 December 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's ruling and ordersCoramP.N. WAKI, W. OUKO, K. M’INOTI
Holding

The appeal is dismissed with costs.

Facts

The High Court ordered directions for an appeal on March 12, 2015, but the appellant was dissatisfied. The appellant also appealed the extension of interim orders of stay of execution.

Issues

  1. violation of Articles 10, 19, 20, 21, 25, 27, 28, 29, 40, 43, and 48 of the Constitution
  2. subversion of the Constitution by the learned Judge
  3. breach of the Constitution by allowing a firm of advocates to conduct the case
  4. violation of the Constitution by having two concurrent proceedings before the High Court and the subordinate court

Reasoning

The learned Judge acted judicially in extending the interim orders of stay of execution, and the appellant did not complain or apply to set them aside. The Court rejects all grounds for the appeal.

Outcome

Appeal dismissed

Authorities cited

Legislation (2)
  • Article 164 (3) of the Constitution
  • Civil Procedure Rules
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.
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