CENTRE SHOP v PHARIS NKARI GITARI & another [2008] KEHC 2468 (KLR)
- Court
- High Court of Kenya
- Case number
- 2468
- Citation
- [2008] KEHC 2468 (KLR)
- Decided
- 3 June 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondents seek to dismiss appellant's appeal for want of prosecution.CoramW. OUKO
Holding
The objection raised is upheld and the application dated 4th February 2008 is struck out with costs to the appellant.
Facts
The respondents filed an application to dismiss the appellant's appeal for want of prosecution. The appellant filed a notice of preliminary objection.
Issues
- Whether the affidavit in support of the application is defective for being sworn by an advocate.
- Whether the application is incompetent for being brought by the firm of advocates without leave.
Reasoning
The firm of Tobiko, Njoroge & Co. Advocates did not file an application for leave to come on record, and the affidavit in support of the application was not confined to facts the deponent could prove.
Outcome
Appeal dismissed
Orders
- Application dated 4th February 2008 struck out with costs to the appellant.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Order 111 of the Civil Procedure Rules
- Order 18 of the Civil Procedure Rules
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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