[2014] KEHC 2489 (KLR)
The court found that the application for change of advocate was procedural and necessary to comply with the mandatory requirements of the Civil Procedure Rules. As there was no opposition and the application was properly before the court, leave was granted to the new advocates to come on record for the plaintiff.
Source-derived case information.
- Citation
- [2014] KEHC 2489 (KLR)
- Parties
- Plaintiff: Angelo Kinoti Muthamia; Defendant: Monica Kinyua Kinoti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 129 of 1994
- Procedural Posture
- Civil Case / Ruling on Application for Change of Advocate
- Outcome
- Application allowed.
- Judges
- FM Njoroge
- Legal Topics
- Change of Advocate, Procedural Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angelo Kinoti Muthamia
Plaintiff
Monica Kinyua Kinoti
Defendant
Procedural Posture
Civil Case / Ruling on Application for Change of Advocate
Legal Issues
- 1 Whether leave should be granted for the plaintiff to change advocates in accordance with mandatory procedural requirements.
Ratio Decidendi
The court found that the application for change of advocate was procedural and necessary to comply with the mandatory requirements of the Civil Procedure Rules. As there was no opposition and the application was properly before the court, leave was granted to the new advocates to come on record for the plaintiff.
Court Disposition
Application allowed.
Orders
- M/s Carlpeters Mbaabu & Co. Advocates granted leave to come on record for the plaintiff in place of M/s Leonard K. Ondari & Co. Advocates.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 129 OF 1994 (O.S)
ANGELO KINOTI MUTHAMIA.....................................PLAINTIFF
VERSUS
MONICA KINYUA KINOTI.........................................DEFENDANT
R U L I N G
This application is dated 15. 7.2014 and seeks orders:
That the application be certified urgent and it be heard on priority basis.
That M/s Carlpeters Mbaabu & Co. Advocates of P.O. Box 3295-60200 Meru, be granted leave to come on record to act for and represent the plaintiff in this matter in place of M/s Leonard K. Ondari & Co. Advocates of P.O. Box 636-60200, Meru.
That costs of this application be in the cause.
During exparte hearing on 17. 7.2014, it was explained that the application is merely procedural meant to accord with a mandatory requirement. In the circumstances, the application is allowed.
Delivered in open court at Meru this 17th day of July, 2014 I the presence of:
Cc Daniel/Lilian
Carlpeters Mbaabu – Applicant
P. M. NJOROGE
JUDGE