Lawrence Moses Esilia & Lemsoft Consultancy Limited v Office of the Attorney General and The Department of Justice (Civil Appeal 32 of 2019) [2020] KEHC 7666 (KLR) (10 February 2020) (Judgment)
- Court
- High Court of Kenya
- Case number
- 7666
- Citation
- [2020] KEHC 7666 (KLR)
- Decided
- 10 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of a learned trial magistrateCoramFRED A. OCHIENG
Holding
The appeal is dismissed. The Plaint was not filed in accordance with the law and the learned trial magistrate did not err in striking it out.
Facts
The Plaint was filed by LEMSOFT CONSULTANCY LIMITED for costs and expenses incurred in the Kisumu High Court Civil Appeal No. 100 of 2013 and Kisumu Court of Appeal Civil Application 1 of 2015. The Plaintiff named MR. LAWRENCE MOSES ESILIA as the Managing Director.
Issues
- Whether the learned trial magistrate erred by striking out the Plaint for not being filed in accordance with the law.
- Whether the learned trial magistrate erred by not awarding costs to the Plaintiffs.
Reasoning
The Plaint was not filed in accordance with the law as there was no official receipt issued by the court for the filing fees. The legal requirement that Court Filing Fees be paid is not a legal technicality.
Outcome
Appeal dismissed
Orders
- The costs of the appeal shall be paid by the Appellants to the Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Advocates Act
Cases cited (1)
- MOMBASA CEMENT LIMITED V SPEAKER NATIONAL ASSEMBLY & ANOTHER, PETITION NO. 177 OF 2015
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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