Wanyiri Kihoro v Konahauthi Ltd [2017] KECA 747 (KLR)
- Court
- Court of Appeal
- Case number
- 747
- Citation
- [2017] KECA 747 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of Waithaka, J.CoramP. N. WAKI, R. N. NAMBUYE, F. SICHALE
Holding
The appeal is dismissed with costs.
Facts
The respondent filed a suit against the appellant alleging arrears of rent and forfeiture of the lease due to non-payment.
Issues
- Whether the appellant is personally liable for the costs of the action due to unauthorized legal proceedings.
- Whether the principle in Bugerere case is still applicable in Kenyan courts.
Reasoning
The court overruled the principle in Bugerere case and applied the decision in United Assurance Co. Ltd v Attorney General.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs.
Authorities cited
Cases cited (3)
- Bugerere case
- Tatu Naiga & Emporium vs. Virjee Brothers Ltd
- United Assurance Co. Ltd v Attorney General
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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