[2002] KECA 133 (KLR)
The Court of Appeal found that there was no evidence on record to support the applicant's claims that the High Court lacked jurisdiction or that the advocate lacked authority to enter into the consent order. The court reaffirmed that advocates on record have implied authority to bind their clients. As there was...
Source-derived case information.
- Citation
- [2002] KECA 133 (KLR)
- Parties
- Applicant: Samuel Ayienda Mokua; Respondent: Tinga Trading Co. Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 240 of 2002
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Intended Appeal
- Outcome
- application dismissed with costs
- Judges
- AB Shah, EO O'Kubasu
- Legal Topics
- Stay of Execution, Consent Orders, Authority of Advocates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ayienda Mokua
Applicant
Tinga Trading Co. Ltd
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Intended Appeal
Legal Issues
- 1 Whether the High Court had jurisdiction to record the consent order.
- 2 Whether the applicant's advocate had express authority to enter into the consent order on behalf of the applicant.
- 3 Whether there is an arguable appeal warranting a stay of execution.
Ratio Decidendi
The Court of Appeal found that there was no evidence on record to support the applicant's claims that the High Court lacked jurisdiction or that the advocate lacked authority to enter into the consent order. The court reaffirmed that advocates on record have implied authority to bind their clients. As there was nothing arguable in the intended appeal, the application for stay of execution was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: OMOLO, SHAH & O'KUBASU, JJ.A.
CIVIL APPLICATION NO. NAI. 240 OF 2002
BETWEEN
SAMUEL AYIENDA MOKUA ................................APPLICANT
AND
TINGA TRADING CO. LTD .................................RESPONDENT
(An application for a stay of execution in an intended appeal from a Judgment of the High Court of Kenya at at Kisii (Mr. Justice Wambilyangah) dated 20th March, 2002
in
H.C.C.C. NO. 98 OF 2000)
*********
RULING OF THE COURT
The applicant, Samuel Ayienda Mokua , was represented by an advocate in the superior court.
A consent order was recorded in the superior court.
Advocate for the respondent was also there. We are not told what was wrong with the consent order recorded. There is nothing on record here to show that factor, if any. Mr. Sagwe who now appears for the applicant states from the Bar that in regard to the matter before the superior court, that Court had no jurisdiction. As pointed out there is nothing on record before us to establish that point. Mr. Sagwe also says that the advocate had no express authority to do what he did.
Advocates properly on record have implied authority to bind their clients. We see nothing arguable in the intended appeal. This application is therefore dismissed with costs.
Dated and delivered at Kisumu this 28th day of November, 2002.
R.S.C. OMOLO
..................
JUDGE OF APPEAL
A. B. SHAH
.................
JUDGE OF APPEAL
E. O'KUBASU
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR