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SAMSON MUNIKAH practicing as MUNIKAH & COMPANY ADVOCATES v. WEDUBE ESTATES LIMITED

(2007) JELR 94628 (CA)

Court of Appeal  •  Civil Appeal 126 of 2005  •  23 Nov 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Ransley, J) delivered at Nairobi on 20th April 2005 in which the learned Judge dismissed the appellant’s application for review and setting aside a consent judgment.

The respondent herein, Wedube Estates Ltd, sued the appellant, Samson Munikah practising as Munikah and Company Advocates, in the superior court seeking judgment in the sum of Kshs. 104,671,743/60, interest at the rate of 20% per month, interest on the principal amount and interest and costs of the suit. In order to appreciate the nature of the dispute we would reproduce herein the salient paragraphs of the plaint dated 27th October, 2004 and filed in the superior court on 28th October 2004.

“1. The plaintiff is a Limited Liability Company duly incorporated under the provisions of the Companies Act (Cap. 486 Laws of Kenya) whose address of service for the purposes of this suit shall be care of Vincent Gule Esq. Advocate Tetu Apartments Apt. D2 Opp…

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