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Republic v. Charles Lutta Kasamani t/a Kasamani & Company Advocates

(2005) JELR 96559 (CA)

Court of Appeal  •  Civil Application NAI 243 of 2005 (UR. 147/2005)  •  7 Oct 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

On the material placed before us, we are satisfied that we must grant to the applicant the orders of stay as sought in the notice of motion dated 9th August, 2005. By his Ruling dated and delivered on 29th July, 2005, Mr. Justice Tanui, by way of an order of mandamus , commanded the Minister for Finance and the Commissioner of Insurance, who are really the effective applicants in the motion,

“........ to commence prosecute and conclude winding-up proceedings against United Insurance Company Ltd, the Affected party.”

The two officers were further prohibited.

“............... from issuing the Affected party with a licence under the Insurance Act.”

One Lutta Kasamani is an advocate of the High Court of Kenya practising law in Kisumu. He alleged in his application by way of judicial review that as such advocate, United Insurance Co. Ltd. owed him Shs.27,825,890.80/- by way of taxed costs and a further sum of Shs.10,838062/- in bills of costs and that the insurance company w…

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