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Anthony Ndundi Mwambire Suing as the Legal Representative of Martha Paul Kazungu v Board of Governors – Gede Secondary School & 3 others [2019] KEELC 699 (KLR)

[2019] KEELC 699 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
699
Citation
[2019] KEELC 699 (KLR)
Decided
22 November 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff seeks to review a consent order issued by the court.CoramJ.O.OLOLA
Holding

The Plaintiff's application is dismissed with no order as to costs.

Facts

The Plaintiff filed a suit in person on 13 July, 2015, and appointed Ms Wesley John Austin & Associates Advocates to represent them. On 28 February, 2017, the parties recorded a consent order.

Issues

  1. Whether the consent order is valid and binding
  2. Whether the Plaintiff was properly represented during the consent order

Reasoning

The court found that the Plaintiff's advocate had ostensible authority to enter into the consent order and acted in the interest of the client. There is no proof to impeach the advocate's bona fides.

Outcome

Dismissed with no order as to costs

Authorities cited

Cases cited (3)
  • Flora N. Wasike -vs- Destimo Wamboko (1988) eKLR
  • J.M. Mwakio -vs- Kenya Commercial Bank Ltd Civil Appeals 28 of 1982 and 69 of 1983
  • Kenya Commercial Bank Ltd -vs- Specialised Engineering Co. Ltd (1982) KLR 482
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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