NTIRAMPEBA LAURENT v CHUNILAL R. PARMAR t/a QUARZO [2007] KEHC 2811 (KLR)
- Court
- High Court of Kenya
- Case number
- 2811
- Citation
- [2007] KEHC 2811 (KLR)
- Decided
- 25 May 2007
The application is struck out as incompetent, bad in law, and misconceived. The Advocates on record, Khan & Katiku Advocates, are ordered to pay the costs of the application.
Facts
The Plaintiff, deceased, filed a suit against the Defendant for various claims, including an injunction and damages. The suit was filed on 1st March, 2000, and a consent order was made on 22nd December, 2000, directing the Plaintiff's deposit of KShs.750,000 to be held in an interest-earning account in the joint names of the Plaintiff's Advocates, Khan & Katiku and Ms. T. K. Kamba Mbaabu. The Plaintiff died on 5th January, 2003, and the suit abated under Order XXIII, rule 8 of the Civil Procedure Rules.
Issues
- Who authorized the application to release the funds?
- Whether the application is competent and authorized by law.
Reasoning
The court found that until the representatives of the deceased Plaintiff's Estate or the Administrator of that Estate get involved, the Advocates on record have no mandate to move the court. The application was deemed incompetent and against the law.
Outcome
The application is struck out.
Orders
- The application is struck out.
- Khan & Katiku Advocates are ordered to pay the costs of the application.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law of Succession Act
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