SALIM KAZUNGU vs KENYA PORTS AUTHORITY [2001] KEHC 707 (KLR)
- Court
- High Court of Kenya
- Case number
- 707
- Citation
- [2001] KEHC 707 (KLR)
- Decided
- 30 January 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks stay of execution of orders pending appeal and to strike out pleadings filed by non-qualified advocateCoramKasanga Mulwa
Holding
Pleadings filed by non-qualified advocate are null and void. Stay of execution pending appeal granted subject to payment of Kshs.2,000,000 by Plaintiff.
Facts
Plaintiff is paraplegic and seeks damages from Defendant. Defendant's advocate did not hold a practising certificate during relevant period.
Issues
- Whether pleadings filed by non-qualified advocate should be struck out
- Whether stay of execution pending appeal should issue
Reasoning
The advocate's lack of a practising certificate is a ground for striking out pleadings. The court grants a stay pending appeal due to substantial loss to the plaintiff.
Outcome
Appeal granted
Orders
- Pleadings filed by non-qualified advocate struck out
- Stay of execution pending appeal granted
Remedies
- Payment of Kshs.2,000,000 by Plaintiff
Authorities cited
Legislation (2)
- Civil Procedure Act
- Advocates Act
Cases cited (3)
- Marbon Café and Others v. BML Downtown Limited
- Kenya Shell Ltd. v. Benjamin Karuga and Ruth Wairimu Karuga
- Rosengrens Ltd. v. Safe Reposit Centres Ltd.
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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