John Mugambi t/a Mugambi and Company Advocates & anotherv Showcase Properties Limited [2021] KEHC 12822 (KLR)
- Court
- High Court of Kenya
- Case number
- 12822
- Citation
- [2021] KEHC 12822 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's Notice to Motion seeking to find Plaintiffs attempted to defraud the court and to find that the Deputy Registrar's exercise of discretion was obtained through misrepresentation and fraud.CoramD. S. Majanja, John M. Mativo
Holding
The application is dismissed with costs to the Plaintiffs.
Facts
The Plaintiffs filed a suit on behalf of themselves, but the filing fees were paid by Arimi Kimathi and Company Advocates. The Defendant's Director requested verification of a receipt, which was later found to be fraudulent. The Plaintiffs appealed to the Deputy Registrar, who allowed them to regularize their position by paying the filing fees.
Issues
- Whether the Plaintiffs attempted to defraud the court by using a fraudulent filing fees receipt.
- Whether the Deputy Registrar's exercise of discretion was obtained through misrepresentation and fraud.
Reasoning
The court found the filing fees receipt to be fraudulent and ruled that the Plaintiffs were not involved in the fraud. The court also held that the issue of filing fees has been resolved within the law and that the Plaintiffs have participated in further proceedings.
Outcome
Defendant's application dismissed.
Orders
- Notice to Motion dated 30th March 2021 is dismissed with costs to the Plaintiffs.
Authorities cited
Legislation (2)
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
- Civil Procedure Rules
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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