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Gitu Geoffrey & another v Charlene Njeri Kuria [2017] KECA 394 (KLR)

[2017] KECA 394 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
394
Citation
[2017] KECA 394 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the Notice and Record of Appeal out of time and stay of execution pending the hearing and determination of an intended appealCoramW. KARANJA
Holding

Application dismissed with no orders as to costs

Facts

Gitu Geoffrey and Simon Gitumbirira were defendants in High Court Civil Case No. 295 of 2014. The suit was a running down matter. The appellants were represented by Igeria & Ngugi Advocates, who were instructed by Britam Insurance Company. Judgment was entered against the applicants on 30th November, 2016. The firm of Wangai Nyuthe & Co. Advocates filed an application to cease acting for the Insurance Company before the High Court.

Issues

  1. Existence of a similar application before the High Court
  2. Abuse of the process of the court

Reasoning

Application can be disposed of on the ground of existence of a similar application before the High Court. The applicants are in abuse of the process of the court by filing a similar application in different courts.

Outcome

Dismissed

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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