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UPWARD SCAKE INVESTMENTS CO. LTD & 7 ORS.
V.
MWANGI KANG'ARA ADVOCATE

(2015) JELR 95511 (CA)

Court of Appeal 2 Oct 2015 Kenya
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Case Details

Suit Number:Civil Application 83 & 88 of 2015
Judges:Martha Karambu Koome, Jamila Mohammed, James Otieno Odek
Location:Nairobi
Other Citations:Upward Scake Investments Co. Ltd & 7 others v. Mwangi Kang'ara Advocate [2015] eKLR

RULING OF THE COURT

[1] For reasons perhaps only known to the applicants in these matters, they filed two similar applications over same subject matter under Rule 5 (2) (b) of the Court of Appeal Rules. The eight (8) applicants seek in both applications that an order of stay of taxation and/or any further proceedings in Nairobi High Court Misc. Application No. 516, 522, 523, 524, 525, 526, 527, 528 and 529 of 2013 and Nairobi High Court Misc. Application No. 26 of 2014 which are pending taxation between the eight applicants and Mwangi Keng’ara Advocate on the other hand. The respondent also filed an application seeking to strike the applicants’ application dated 4th May 2015, on the grounds that no leave to appeal was obtained prior to filing the appeal and secondly the due process of taxation as stipulated in the Advocates Act, had not taken place to give rise to an appeal.

[2] The applicants too not relenting in their bid to ensure the respondent would have no chance in presenting the…

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