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STANDARD CHARTERED BANK KENYA LTD v. MECHANICAL ENGINEERING PLANT LTD, ERNEST MUNGAI KAMAU & FLORENCE NJERI KAMAU

(2009) JELR 95192 (CA)

Court of Appeal  •  Civil Appeal (Appli) 60 of 2008  •  17 Jul 2009  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram

Judgement

RULING OF THE COURT

This application has been brought by the Standard Chartered Bank (“the applicant”) under Rules 42, 47 and 80 of this Court’s Rules. It seeks an order that the:

“Record of appeal herein lodged in the Registry on 16th April, 2008 as well as the Notice of Motion pending before this Honourable Court in Civil Application No. Nai. 44 of 2008 lodged in the Registry on the 25th March, 2008, be struck out forthwith.”

The grounds set out on the face of the application are as follows:

“1. The firm of Onindo and Associates, Advocates, does not have locus standi to represent the Appellants as the principal officer therein Mr David O. Onindo was struck off the roll of advocates on the 21st April, 2004 and he has not held a valid practicing certificate since the year 1991. As a result the intended Appellant’s record of appeal herein and notice of motion lodged in this Honourable Courts registry, being Civil Application No. Nai. 44 of 2008 and lodged on 25th March, 2008 ought to be s…

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