Murungi & 2 others (All practising as Kamau Kuria & Kiraitu Advocates) v Ndung'u Njoroge & Kwach Advocates & another (Civil Appeal 293 of 2017) [2022] KECA 804 (KLR) (24 June 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 804
- Citation
- [2022] KECA 804 (KLR)
- Decided
- 24 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the dismissal of an application to strike out a civil applicationCoramDanckwerts L., HA OMONDI, J.K
Holding
The appeal is dismissed. The appellants shall pay the costs of the appeal.
Facts
The 2nd respondent secured loans from KENYAC and IDB, and developed a scheme to sell plots to members of the public. The 1st respondent filed a civil application seeking to compel the appellants to comply with their professional undertakings. The appellants challenged the settlement agreement and subsequently filed an application seeking declaratory orders.
Issues
- Validity of the consent order in Civil Case No. 5254 of 1992
- Whether the consent order is immoral and illegal
Reasoning
The court found that the issue of the validity of the consent order was not properly addressed in the trial court and that the appellants' attempts to revive their original application were not permissible.
Outcome
Appeal dismissed
Orders
- Appeals dismissed
- Appellants to pay costs of the appeal
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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