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STEPHEN NJOROGE GIKERA & ANOR
V.
ECONITE MINING COMPANY LIMITED & 7 ORS

(2018) JELR 95729 (CA)

Court of Appeal 27 Sep 2018 Kenya
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Case Details

Suit Number:Civil Appeal 5 of 2017
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:Stephen Njoroge Gikera & another v. Econite Mining Company Limited & 7 others [2018] eKLR

JUDGMENT OF THE COURT

[1] This appeal challenges the denial of leave to the appellant to cease acting as advocates to the 1st respondent. The core issue raised therein is whether the learned trial Judge was right to lift the veil of incorporation of the 1st respondent directors, having been the managing partner of the appellant law firm. This being a first appeal, we think it is necessary to restate albeit in brief some background information so as to place this appeal in perspective.

[2] Through an Amended plaint filed by the 8th respondent, the 1st - 7th respondents were named as defendants in respect of a claim for the sum of Kshs.8,300,000; allegedly owed to the 8th respondent by the 1st respondent in respect of a tenancy agreement.Duly instructed, the appellant’s law firm entered appearance on behalf of the 1st respondent; through the memorandum of appearance dated 14th September, 2015. However, while the court was disposing off some interlocutory applications filed by the parties,…

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