Charles Njagi Ireri v Njeru Simon Gathuri & another [2016] KEHC 2 (KLR)
- Court
- High Court of Kenya
- Case number
- 2
- Citation
- [2016] KEHC 2 (KLR)
- Decided
- 1 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant appealed against the judgment and decree of the Principal Magistrate, Embu in Civil Suit No. 215 of 2008.CoramF. MUCHEMI
Holding
The court finds that P.N. Mugo for the appellant is properly on record for the appellant and was not required to obtain any court order before coming on record.
Facts
The appellant Charles Njagi Ireri appealed against the judgment and decree of the Principal Magistrate, Embu in Civil Suit No. 215 of 2008. The respondent, Njeru Simon Gathuri, was the 1st respondent, and the Hon. Attorney General was the 2nd respondent.
Issues
- Whether the firm of P.N. Mugo & Company is improperly on record for the appellant.
- Whether the decree was extracted in violation of Order 21 Rule 8 of the Civil Procedure Rules.
Reasoning
The court interpreted Order 9 Rule 9 and Order 21 Rule 8 of the Civil Procedure Rules to find that the appellant's counsel was properly on record and that the decree was not extracted in violation of the rules.
Outcome
The preliminary objection was dismissed.
Orders
- The appeal was heard and the preliminary objection was dismissed.
- The costs in the cause were awarded to the appellant.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (4)
- MBOGO VS ASIKONYO & 3 OTHERS [2004] KLR
- VIRJEE KASSAM & ANOTHER VS GLORY PROPERTIES LIMITED [2002] 2 eKLR
- E.A. PORTLAND CEMENT LIMITED VS TAUSI ASSURANCE LIMITED [2006] 1 EA
- SHAH VS APERIT INVESTMENTS SA [2000] 2 EA
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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