Irene Chepkoesgei Rop v Samuel Kibowen Towett [2017] KEELC 1236 (KLR)
- Court
- Environment & Land Court
- Case number
- 1236
- Citation
- [2017] KEELC 1236 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out suitCoramD. O. OHUNGO
Holding
The suit is struck out with costs to the defendant.
Facts
The plaintiff, Irene Chepkoesgei Rop, filed a suit against the defendant, Samuel Kibowen Towett, without her instructions. The defendant alleged that the plaintiff's advocate forged her signature in the affidavits and statement.
Issues
- Whether a suit filed by an advocate in the absence of instructions can be sustained.
- The duty of an advocate to ascertain that he is properly instructed by the party on whose behalf he files a suit.
Reasoning
The court found that the plaintiff did not personally instruct the advocate, and the advocate failed to provide evidence of valid instructions. The suit is an abuse of court process.
Outcome
The suit is struck out.
Orders
- The suit is struck out with costs to the defendant.
- Costs of this application be provided for.
- The partners of the law firm of Wanyama & Co. Advocates shall pay the costs of the suit.
Remedies
- The suit is struck out with costs to the defendant.
Authorities cited
Legislation (1)
- Civil Procedure 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.
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