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DUNSTAN MUTUKU WAMBUA V. GLORY RENT A CAR LIMITED

(2017) JELR 102622 (CA)

Court of Appeal  •  Civil Appeal 199 of 2016  •  7 Apr 2017  •  Kenya

Coram
Wanjiru Karanja, George Benedict Maina Kariuki, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

A suit was filed at the Chief Magistrate’s Court at Nairobi, by oneZephania Mburuki Amuri represented by Messrs B. Mbai and Associates Advocates against one Davis Kairithia Mworia and Glory Rent A Car Limited. Judgment was entered in default of appearance. Messrs Kelvin Mogeni Advocates for Glory Rent A Car Limited filed an application to stay and set aside the said judgment but that application was not successful. Various other applications followed but they are not relevant to this appeal.

The respondents Glory Rent A Car Limited filed an appeal to the High Court being Civil Appeal No. 972 of 2012. The appeal was challenging the order where the default judgment was not set aside. From the record, the appellant Dunstan Mutuku Wambua was at all material times an associate advocate in the law firm of B. Mbai and Associates Advocates.

In the course of the proceedings in the High Court a motion was filed where it was prayed that 3 persons – Wilson M. Kariuki t/a Wiskam…

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