Omar Naaman Omar v John Muasya Ngumu [2007] KEHC 886 (KLR)
- Court
- High Court of Kenya
- Case number
- 886
- Citation
- [2007] KEHC 886 (KLR)
- Decided
- 18 December 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks orders to charge suit property for costsCoramL. Njagi
Holding
Application is incompetent and struck out with costs to respondent
Facts
Appellant seeks orders to charge suit property for costs, while respondent filed preliminary objections.
Issues
- Validity of affidavit not stating who drew and filed it
- Failure to specify correct rule or section under which application is made
- Prudence of granting leave to amend the application
Reasoning
Application was made under the wrong provision of the law, and the court's jurisdiction was not properly invoked.
Outcome
Struck out with costs to respondent
Authorities cited
Legislation (3)
- Advocates Act
- Civil Procedure Act
- Advocates Remuneration Order
Cases cited (1)
- JOEL K. YEGON & 4 OTHERS v. JOHN ROTICH & 4 OTHERS, Nairobi Misc. Civil Application No. 995 of 2005
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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