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Timber Manufacturers & Dealers Limited & Consolidated Bank of Kenya Limited v. Florence Wairimu Mbugua, Sylvia Murugi Mbugua, Grace Wanjiku Mbugua & Peter Chege Kiarie (Suing as the Administrators of the Estate of Joseph Kiarie Mbugua)

(2019) JELR 93131 (CA)

Court of Appeal  •  Civil Appeal 21 & 180 of 2015(Consolidated)  •  27 Sep 2019  •  Kenya

Coram
Wanjiru Karanja, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

At the epicenter of this appeal is the question whether, at the time an advocate entered into a consent judgment in a suit between the disputing parties, the advocate had the requisite authority from the party it sought to represent to do so.

On 29th June 2011, a consent judgment was entered into between the administrators of the Estate of Joseph Kiarie Mbugua (deceased) on the one hand, and Timber Manufacturers and Dealers Limited (Timber Manufacturers) and Consolidated Bank of Kenya Limited (Consolidated Bank), the appellants in the consolidated appeals, on the other.

The 1st respondent, Florence Wairimu Mbugua and Sylvia Murugi Mbugua (the House of Florence) and the 2nd respondent, Grace Wanjiku Mbugua and Peter Chege Kiarie (the House of Grace) are co administrators of the Estate of the deceased pursuant to a grant of letters of administration issued by the High Court on 6th August 2007 in High Court Succession Cause No. 784 of 2007. By a consent order dated 28t…

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