PETER PAULMBURU NDURURI v JAMES MACHARIA NJORE [2008] KEHC 840 (KLR)
- Court
- High Court of Kenya
- Case number
- 840
- Citation
- [2008] KEHC 840 (KLR)
- Decided
- 30 July 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of a motion for an injunction pending appealCoramM.A. Ang'awa, D.M. Mboroki, A.N. Ngunjiri
Holding
The application for an injunction pending appeal is dismissed as the advocate was not on record and the application was not properly filed.
Facts
The plaintiff sought an injunction pending appeal, but the advocate was not on record and the application was not properly filed.
Issues
- Whether the application for an injunction pending appeal was properly made
- Whether the advocate was on record and the application was properly filed
Reasoning
The court found that the application was not made out and the advocate was not on record, thus the application for an injunction pending appeal cannot be granted.
Outcome
Application dismissed
Orders
- The advocate must file his application to come on record as an advocate for the plaintiff
- The advocate must refile his notice of appeal to the Court of Appeal through the former advocate as he is not on record for the plaintiff
Remedies
- Costs awarded to the original defendant/respondent
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Decision by Githinji J (as he then was at Mombasa) and Hancox JA on appeal
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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