Kabon Chepkonga,Peter Chepkonga,Philip Kukui,Laban Komen Vs Rodger Kiptui, Joseph Rono, Eward Chepkonga (Civil Appeal 28 of 2005) [2005] KEHC 2320 (KLR) (31 May 2005) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2320
- Citation
- [2005] KEHC 2320 (KLR)
- Decided
- 31 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out appeal and applicationCoramGeorge Dulu, Ag. Judge
Holding
Both the appeal and application are incompetent and are struck out.
Facts
Senior Resident Magistrate Court case at Kabarnet, judgment entered on 22nd March 2005. Appeal and application were filed by Manani Lilan and Company Advocates without proper notice of change of advocates.
Issues
- Proper record of Manani Lilan and Company Advocates
- Sufficiency of notice of change of advocates
Reasoning
The court found that Manani Lilan and Company Advocates were not properly on record and did not file a notice of change of advocates, making their pleadings and application invalid.
Outcome
Application succeeds, both the appeal and application are struck out.
Orders
- Strike out the appeal and application filed by Manani Lilan and Company Advocates
Remedies
- Costs awarded to the applicant
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- Kiara vs Prisca C. Kiti Cheruiyot
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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