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Nelson Mutai v. Benson Kathunge

(2018) JELR 98476 (CA)

Court of Appeal  •  Civil Application Nai 2 of 2017 (Ur 2 of 2017)  •  20 Apr 2018  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

Whichever way we look at it, the application before us is either res judicata or an abuse of court process and we have no reason to grant the order sought.

The application was filed on 9th January, 2017 seeking an order of injunction under Rule 5 (2) (b) of the Rules of this Court to restrain the respondent from "arresting, detaining or proclaiming(sic)" against the applicant pending the hearing and determination of an appeal filed against the judgment of Koome, J. (as she then was) delivered on 22nd October, 2010. It becomes apparent immediately that the matter seems to have dragged along in the last 8 years, hence a reason for closer examination of its antecedents.

The applicant is an advocate of the High Court of Kenya, practising in the name or style of Kandie Mutai Mudeizi and Company Advocates, of Nairobi. In the year 2008, the respondent, who was represented by another Firm of advocates, M/s Anthony Mulekyo and Company Advocates, entered into an agreement to bu…

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