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LALJI BHIMJI SANGHANI BUILDERS & CONTRACTORS V CITY COUNCIL OF NAIROBI [2012] KEHC 515 (KLR)

[2012] KEHC 515 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
515
Citation
[2012] KEHC 515 (KLR)
Decided
18 December 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to stay execution and order for computation of interestCoramG V ODUNGA
Holding

The application is incompetent and struck out with costs to the respondent.

Facts

The defendant/applicant seeks to stay execution of a decree issued in 1998 and order for computation of interest due from the decree. The plaintiff has continued to demand sums from the defendant, claiming the interest is exorbitant.

Issues

  1. competency of the application
  2. interest computation

Reasoning

The application was filed by a new advocate without an order of the court permitting the change of advocate. The court held that the application was not properly filed and thus incompetent.

Outcome

Struck out

Authorities cited

Cases cited (5)
  • Order 9, Rule 5 of the Civil Procedure Rules
  • Order 9, Rule 9 of the Civil Procedure Rules
  • Kenya Commercial Finance Company Limited vs. Richard Akwesera Onditi [2010] eKLR
  • Deepak Chamanlal Kamani & Another vs. Kenya Anti-Corruption Commission & 3 Others [2010] eKLR
  • Monica Moraa vs. Kenindia Assurance Co. Ltd [2012]Eklr
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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