[2004] KEHC 2288 (KLR)

[2004] KEHC 2288 (KLR)

The court found that Maria Akinyi Metho, who signed the memorandum of appeal, held a valid practicing certificate for the year 2001 as evidenced by the certificate issued by the Registrar of the High Court. The respondent failed to provide evidence that the certificate was a forgery or that Mrs. Metho was otherwise unqualified. The letter from the Law Society of Kenya did not conclusively establish lack of qualification for the relevant period. There was also no evidence that Mrs. Metho lacked a practicing certificate in 2000 when pleadings in the lower court were signed. The court concluded that the application to strike out the appeal was baseless and without merit, and accordingly...

Citation
[2004] KEHC 2288 (KLR)
Parties
Appellant: Nyali Construction & Electrical Services Ltd.; Respondent: Peter Akumu Gitene
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
3 November 2004
Case Number
? 164 of 2001
Procedural Posture
Civil Appeal / Ruling on Application to Dismiss Appeal for Being Signed by Unqualified Person
Outcome
application dismissed with costs
Legal Topics
Advocate Qualification, Striking Out Pleadings, Practice Certificate Requirements, Costs Award
Source Language
English
Civil Procedure Commercial and Corporate Advocate Qualification Striking Out Pleadings Practice Certificate Requirements Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Nyali Construction & Electrical Services Ltd.

Appellant

Peter Akumu Gitene

Respondent

Procedural Posture

Civil Appeal / Ruling on Application to Dismiss Appeal for Being Signed by Unqualified Person

Legal Issues

  1. 1 Whether the memorandum of appeal was signed by an unqualified person contrary to the Advocates Act.
  2. 2 Whether the appeal should be struck out for want of a valid practicing certificate by the advocate signing the memorandum of appeal.
  3. 3 Whether the respondent is entitled to release of the amount deposited in Stanbic Bank.

Ratio Decidendi

The court found that Maria Akinyi Metho, who signed the memorandum of appeal, held a valid practicing certificate for the year 2001 as evidenced by the certificate issued by the Registrar of the High Court. The respondent failed to provide evidence that the certificate was a forgery or that Mrs. Metho was otherwise unqualified. The letter from the Law Society of Kenya did not conclusively establish lack of qualification for the relevant period. There was also no evidence that Mrs. Metho lacked a practicing certificate in 2000 when pleadings in the lower court were signed. The court concluded that the application to strike out the appeal was baseless and without merit, and accordingly...

Court Disposition

application dismissed with costs

Orders

  • The application to strike out the appeal is dismissed with costs to the appellant.