Mukite Musangi & Company Advocates v Rajinder Billing p/a Billing & Co. Advocates [2021] KEHC 2666 (KLR)
- Court
- High Court of Kenya
- Case number
- 2666
- Citation
- [2021] KEHC 2666 (KLR)
- Decided
- 28 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for an Order of Enforcement of a Professional UnderstandingCoramMUMBUA T. MATHEKA
Holding
The Preliminary Objection is sustained. The Originating Summons is struck out. Each party will bear its own costs.
Facts
The defendant, Rajinder Billing, gave an irrevocable professional understanding to the plaintiff, Mukite Musangi & Company Advocates, to deposit Kshs. 13,643,290 by August 22, 2020. The plaintiff filed an Originating Summons seeking enforcement of this understanding. The defendant claimed he had paid the full amount by RTGS on November 12, 2020, and sought to have the suit marked as settled with no orders as to costs.
Issues
- Whether the Preliminary Objection was merited to warrant the striking out of the Originating Summons in limine for being fatally and incurably defective.
- Whether the plaintiff was entitled to the costs and interest sought.
Reasoning
The defendant's delay in settling the account and seeking an extension was not excusable. The Originating Summons was fatally defective.
Outcome
The Originating Summons is struck out.
Orders
- The Originating Summons is struck out.
- Each party will bear its own costs.
Authorities cited
Cases cited (3)
- Mukisa Biscuit Manufacturer Limited vs West End Distributors Limited (1969) EA 696
- Republic vs Rosemary Wairimu Munene ex parte Applicant vs Ihururu Dairy Farmers Cooperative Society Limited Judicial Review Application No. 6 of 2014
- Cecilia Karuru Nganyu vs Barclays Bank of Kenya [2016] 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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