TERESIAH NDUTA KAMUNGE v CMB PACKAGING LIMITED [2008] KEHC 1864 (KLR)
- Court
- High Court of Kenya
- Case number
- 1864
- Citation
- [2008] KEHC 1864 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside dismissal order for non-attendanceCoramM.A. Ang'awa, E. Maina (Agent) for the plaintiff/applicant, A. Muema holding brief for G. Mungara instructed by Hamilton & Mathews Co. Advocates for the defendant/Respondent
Holding
The suit is reinstated for further hearing. The investigations on representation should continue and a report given to the court within 30 days.
Facts
A male adult was allegedly dropped 21⁄2 kilometers from his residence instead of his residence by his employer, CMB Packaging (K) Ltd. He was attacked by thugs or robbers and sustained fatal injuries. His widow, Teresiah Nduta Kamunge, filed a suit for general and special damages.
Issues
- Whether the plaintiff's agent, Edward M. Maina Mwangi, has the authority to represent the plaintiff as an advocate/agent.
- Whether the former advocate, M/s Sitati Mulisa, was representing the plaintiff without a practicing certificate.
Reasoning
The court found that the plaintiff's agent, Edward M. Maina Mwangi, has the authority to represent the plaintiff as an agent, but the former advocate, M/s Sitati Mulisa, was not properly informed of his failure to attend court.
Outcome
The suit is reinstated for further hearing.
Orders
- The suit is reinstated for further hearing.
- The investigations on representation should continue and a report given to the court within 30 days.
Remedies
- The plaintiff is ordered to proceed with the suit either in person or through another advocate.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Advocates Act
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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