[2014] KEHC 2782 (KLR)
The court held that the application dated 18th April 2013 was incompetent for want of execution, as it was not signed by the applicant or counsel. Execution of applications or pleadings is a mandatory requirement of the law, as it authenticates and validates the documents, indicating the party's intention to be...
Source-derived case information.
- Citation
- [2014] KEHC 2782 (KLR)
- Parties
- Applicant: E N K; Respondent: S N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 50 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Declare Interlocutory Injunction Lapsed
- Outcome
- application struck out as incompetent
- Judges
- DN Musyoka
- Legal Topics
- Interlocutory Injunctions, Striking Out Applications, Execution of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E N K
Applicant
S N K
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Declare Interlocutory Injunction Lapsed
Legal Issues
- 1 Whether the application dated 18th April 2013 is competent in the absence of execution by counsel or applicant.
- 2 Whether failure to sign an application renders it invalid and liable to be struck out.
Ratio Decidendi
The court held that the application dated 18th April 2013 was incompetent for want of execution, as it was not signed by the applicant or counsel. Execution of applications or pleadings is a mandatory requirement of the law, as it authenticates and validates the documents, indicating the party's intention to be bound by them. Without execution, the application is a non-starter and does not exist in law. Consequently, the court struck out the application with costs to the respondent.
Court Disposition
application struck out as incompetent
Orders
- The Motion dated 18th April 2013 is struck out for want of execution.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HCC 50 OF 2007 (OS)
E N K …………….…....….APPLICANT
VERSUS
S N K…………..….……..RESPONDENT
RULING
1. The application I am called upon to determine is dated 18th April 2013. It seeks an order that the interlocutory prohibitive injunction granted on 12th November 2009 by Nambuye J. had lapsed automatically after December 2009.
2. The copy of application in the court file has not been executed by counsel for the 2nd respondent/applicant. That an application, or other pleading for that matter, be signed by the applicant or counsel is a mandatory requirement of the law. Execution of applications or pleadings authenticates them. It validates them. It is indication that the party wishes to be bound by the papers.
3. As it is the Motion dated 18th April 2013 is incompetent for want of execution. It is an abuse of court process. It is a non-starter. Without execution the Motion does not exist. It is hereby struck out with costs to the respondent.
DATED, SIGNED and DELIVERED at NAIROBI this 26th DAY OF September, 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Shah for Mr. Rimuri advocate for the applicant.