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Patrick Simiyu Khaemba v Kenya Electricty Transmission & another [2021] KEELC 486 (KLR)

[2021] KEELC 486 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
486
Citation
[2021] KEELC 486 (KLR)
Decided
8 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Joinder of Advocate as Interested PartyPostureApplication for Joinder of Advocate as Interested PartyCoramLadyship L. Mbugua
Holding

The Court denied the Application for Joinder of Advocate as Interested Party.

Facts

The Plaintiff filed a suit against the Defendants in 2013. The suit was withdrawn in 2014, but the Plaintiff filed an Application for costs against the 1st Defendant in 2021. The Plaintiff claims that the law firm Sifuna & Sifuna Advocates should be enjoined in the suit and granted leave to file a response.

Issues

  1. Whether Sifuna & Sifuna Advocates should be enjoined in the suit and granted leave to file a response.
  2. Whether the Plaintiff should be ordered to pay personally the 2nd Defendant's taxed party and party costs.

Reasoning

The Court found that the Plaintiff had not disclosed all material facts in the matter before another Court and that there would be a miscarriage of justice if this court relied on the affidavit.

Outcome

Denied

Authorities cited

Cases cited (3)
  • Ridge v Baldwin [1963] All ER 66
  • Daniel Musau Mbithi v Rael Kavili Munyao & another; Timothy Ngila Nzuki & 6 others (Parties) eKLR
  • Onyango Oloo v Attorney General [1986-1989], EA 456
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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