O. U. ALOZIE vs O. U. ALOZIE (? 1424 of 2002) [2003] KEHC 205 (KLR) (20 June 2003)
- Court
- High Court of Kenya
- Case number
- 205
- Citation
- [2003] KEHC 205 (KLR)
- Decided
- 20 June 2003
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for invalidation of execution ordersCoramA.I. HAYANGA
Holding
Orders relating to execution are invalid and void
Facts
Ms Akhaabi & Company Advocates filed a bill for costs and executed it without filing a suit, contrary to Section 48(1) of the Advocates Act.
Issues
- Validity of execution orders based on a taxed bill without a suit
- Requirement to file a suit under Section 48(1) of the Advocates Act
Reasoning
The court ruled that the execution of the bill without a suit is invalid due to the Advocates Act, and thus, the orders are void.
Outcome
Application succeeds with costs
Authorities cited
Legislation (2)
- Advocates Act
- Civil Procedure Rules
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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