MUSHIMIYAMANA AIMABLE vs JONATHAN LEAKEY LTD & ANOTHER [1998] KEHC 193 (KLR)
- Court
- High Court of Kenya
- Case number
- 193
- Citation
- [1998] KEHC 193 (KLR)
- Decided
- 23 November 1998
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Varying/Settling Consent OrderCoramA. MSAGHA MBOGHOLI
Holding
The order made following the consent letter is not binding on the plaintiff.
Facts
The plaintiff, a Rwandese national, filed a Notice to act in person in H.C.C.C. No. 373 of 1993, which was to be served upon the defendant M/s. Meenye and Company Advocates. M/s. Meenye and Company Advocates had entered into a consent letter with the plaintiff's advocates, releasing a sum of Shs.200,000/- as security for costs.
Issues
- Whether the order made following the consent letter is binding on the plaintiff.
- Whether M/s. Meenye and Company Advocates had authority to enter into the consent on behalf of the plaintiff.
Reasoning
An advocate on record has ostensible authority to compromise a suit on behalf of his client. However, the plaintiff argues that M/s. Meenye and Company Advocates had no authority to enter into the consent on behalf of the plaintiff.
Outcome
The application for varying/settling the consent order is dismissed.
Orders
- The application for varying/settling the consent order is dismissed.
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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