Japheth Ogendo Owuor v Oriental Commercial Bank Limited & another [2010] KEHC 2278 (KLR)
- Court
- High Court of Kenya
- Case number
- 2278
- Citation
- [2010] KEHC 2278 (KLR)
- Decided
- 29 April 2010
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing an application to dismiss the suitCoramM. A. ANG’AWA, N. Mbugua, R. Mwetich
Holding
The application to dismiss the suit is struck out as the advocate deposed to the affidavit on behalf of his client.
Facts
The plaintiff filed a suit against the defendant bank and auctioneer for an injunction to stop the sale of land property belonging to him. There were previous court cases involving the same parties.
Issues
- Whether the advocate for the defendant deposed to an affidavit on behalf of his client
- Whether the application to dismiss the suit should be granted
Reasoning
The Advocate Act prohibits an advocate from deposing to an affidavit on behalf of his client. The advocate's affidavit was deposed to by him, not his client.
Outcome
The application is struck out.
Orders
- Order that parties to bring up a list of all pending suits
Authorities cited
Legislation (1)
- Advocate Act, Cap 16 of the Laws of Kenya
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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