Munir Ali Omar (Suing as the Legaln Administrator of the estate of the Late Ali Omar) v Said Azubedi Abdalla & another [2021] KEELC 1760 (KLR)
- Court
- Environment & Land Court
- Case number
- 1760
- Citation
- [2021] KEELC 1760 (KLR)
- Decided
- 30 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramJ M MUTUNGI
Holding
The application for substitution of the 1st defendant is granted. The application to review the expunging of the consent judgment is dismissed.
Facts
The 1st defendant died on 25th February 2019, and his personal representative, Feisal Said, sought to substitute himself in the suit. The plaintiff opposed the substitution and the expunging of a consent judgment dated 22nd November 2018.
Issues
- Substitution of the 1st defendant
- Review of the expunging of the consent judgment
Reasoning
The court found that the plaintiff had not been consulted or authorized his previous advocate to enter into the consent. The court ruled that the consent had not been adopted as an order of the court and thus could not be expunged.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Flora N. Wasike –vrs- Destmo Wamboko (1988) eKLR
- Board of Trustees National Social Security fund -Vrs- Michael Mwalo (2015) eKLR
- Kenya Commercial Bank Ltd –vs- Specialized Engineering Co. Ltd (1982) KLR 485
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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