Kwacha Communications Limited & another v Pindoria Holdings Limited & another [2022] KEHC 734 (KLR)
- Court
- High Court of Kenya
- Case number
- 734
- Citation
- [2022] KEHC 734 (KLR)
- Decided
- 17 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High Court of Kenya at NairobiCoramS.
Holding
The court held that an advocate cannot swear an affidavit on behalf of his client in a matter he/she is appearing.
Facts
Two applications were filed by the 1st and 2nd appellants, supported by affidavits sworn by Mr. Nicholas Reuben Nyamai, an advocate. The respondent filed two notices to cross-examine the deponent, Mr. Nyamai.
Issues
- Whether an advocate can swear an affidavit on behalf of his client in a matter he/she is appearing.
- Whether the two notices to cross-examine Mr. Nicholas Reuben Nyamai Advocate should be granted.
Reasoning
The court ruled that the Advocates (Practice) Rules prohibit advocates from appearing as such in matters where they may be required as witnesses, and that affidavits should be confined to facts the deponent can prove from his own knowledge.
Outcome
Affirmative
Orders
- The two notices to cross-examine Mr. Nicholas Reuben Nyamai Advocate were dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Advocates (Practice) 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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