Mwathi v Kibugu [2005] KEHC 2956 (KLR)
- Court
- High Court of Kenya
- Case number
- 2956
- Citation
- [2005] KEHC 2956 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file appeal out of time and reinstatementCoramALNASHIR VISRAM
Holding
The application is struck out with costs to the Respondent.
Facts
The appeal was filed on 14th March, 2003 and was summarily dismissed by an Order of the High Court under Section 79 B Civil Procedure Act on 19th January, 2004. There was a change of advocates representing the Appellant/Applicant after the lower court judgment.
Issues
- Incompetency of the application due to a change of advocates without leave of the court.
- Incompetency of the application due to non-compliance with Order 3 Rule 9A.
Reasoning
The application is incompetent as it appears that it is incompetently before the Court due to a change of advocates and non-compliance with court rules.
Outcome
Struck out with costs to the Respondent
Orders
- Application struck out with costs to the Respondent.
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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