Peter Njoroge & 2 others v Peter Muchiri Ndungu [2020] KEHC 3081 (KLR)
- Court
- High Court of Kenya
- Case number
- 3081
- Citation
- [2020] KEHC 3081 (KLR)
- Decided
- 24 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent sought to strike out the appellants' documents and orders, including costs.CoramJ. K. SERGON
Holding
The motion is dismissed with costs, as there is no merit in the main prayer and the alternative orders.
Facts
Respondent brought a motion to strike out the appellants' notice of motion, memorandum of appeal, record of appeal, and related documents, alleging that the firm of M.M. Muriuki & Co. Advocates was not certified to practice law due to the striking off of one of its advocates.
Issues
- Whether the firm of M.M. Muriuki & Co. Advocates was certified to practice law due to the striking off of one of its advocates.
- Whether the documents filed on behalf of the appellants were prepared by an unqualified person in violation of the Advocates Act.
Reasoning
The court found that the firm of M.M. Muriuki & Co. Advocates was not responsible for the documents filed on appeal, and that the documents were not rendered invalid due to the lack of a current practicing certificate.
Outcome
Motion dismissed with costs
Orders
- The appellants' notice of motion, memorandum of appeal, record of appeal, and related documents be struck out and expunged from the court record.
- The appellants do pay and settle the decretal sum within 60 days, failing which the respondent will be at liberty to execute.
- The costs of the application, the application dated 17th July, 2019 and the appeal be awarded to the respondent.
- The court do make such directions as may be necessary under the Advocates Act on the conduct of the firm of M.M. Muriuki & Co. Advocates and Ms. Makena M’wiricha Advocate to protect the integrity of the practice of law.
Authorities cited
Legislation (2)
- Advocates Act
- Constitution of Kenya 2010
Cases cited (1)
- National Bank of Kenya Limited v Anaj Warehousing Limited (2015) 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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