[2018] KEHC 6311 (KLR)
The court found that the applicant had established a prima facie case for the adoption and enforcement of the Advocates Disciplinary Tribunal's judgment, as no appeal had been filed by the respondent and a balance remained unpaid. The court held that, pursuant to Section 60(11) of the Advocates Act, the tribunal's...
Source-derived case information.
- Citation
- [2018] KEHC 6311 (KLR)
- Parties
- Applicant: Joseph Bradley Waweru Gitari; Respondent: Stephen Kinyanjui Kibunja
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 216 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Enforcement of Disciplinary Tribunal Judgment
- Outcome
- Application allowed as prayed.
- Legal Topics
- Enforcement of Tribunal Awards, Advocates Act Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Bradley Waweru Gitari
Applicant
Stephen Kinyanjui Kibunja
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Enforcement of Disciplinary Tribunal Judgment
Legal Issues
- 1 Whether the judgment of the Advocates Disciplinary Tribunal can be adopted and enforced as a judgment of the High Court.
- 2 Whether the applicant is entitled to leave to enforce the tribunal's judgment as a decree of the court.
- 3 Whether the respondent is liable for the costs of the application.
Ratio Decidendi
The court found that the applicant had established a prima facie case for the adoption and enforcement of the Advocates Disciplinary Tribunal's judgment, as no appeal had been filed by the respondent and a balance remained unpaid. The court held that, pursuant to Section 60(11) of the Advocates Act, the tribunal's judgment could be adopted and enforced as a judgment of the High Court. The ex parte nature of the application was justified, and the orders sought were merited. The application was therefore allowed as prayed, granting the applicant leave to enforce the tribunal's judgment as a decree of the court and awarding costs against the respondent.
Court Disposition
Application allowed as prayed.
Orders
- The judgment of the Disciplinary Tribunal of the Law Society of Kenya in Disciplinary Tribunal Cause no. 45 of 2014 is adopted and enforced as a judgment of the High Court.
- The applicant is granted leave to enforce the said judgment as a decree of the court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL MISC. APPL. NO. 216 OF 2018
JOSEPH BRADLEY WAWERU GITARI.......................APPLICANT
V E R S U S
STEPHEN KINYANJUI KIBUNJA.............................RESPONDENT
RULING
1) Joseph Bradely Waweru Gitari, the applicant herein, took out the summons dated 28. 03. 2018 pursuant to the provisions of Section 60(11) of the Advocates Act and sought for the following orders:
1. ................. spent
2. The judgment of the Disciplinary Tribunal of the Law Society of Kenya issued in the Disciplinary Tribunal Cause no. 45 of 2014 on 10th August 2015 filed herein be adopted and enforced as judgement of this honourable court.
3. The honourable court do give the applicant leave to enforce the said judgment as a decree of this honourable court.
4. The court be pleased to direct that the costs of this application be borne by the respondent.
2) The summons is supported by the affidavit sworn by the applicant.
3) I have considered the grounds stated on the face of the summons and the facts deponed in the supporting affidavit. It is the submission of the applicant that judgment was delivered by the Advocates Disciplinary Tribunal against Stephen Kinyanjui Kibunja, the respondent herein vide Disciplinary Tribunal Cause no. 45 of 2014 and the decision filed in court. It is also stated that no appeal has been preferred by the respondent against the Tribunal’s decision. The applicant further pointed out that the respondent has so far paid the applicant ksh.6,200,000/= leaving a balance of ksh.554,110/50 which the applicant seeks to recover by enforcement of the award.
4) Having considered the material placed before me, I am convinced that the applicant has met out a prima facie case. The application is exparte in nature hence it was not necessary to serve the respondent. Consequently the summons dated 28. 3.2018 is allowed as prayed.
Dated, Signed and Delivered in open court this 24th day of May, 2018.
J. K. SERGON
JUDGE
In the presence of:
.................................................... for the Applicant
..................................................... for the Respondent