[2024] KEELC 5931 (KLR)
The court found that the applicant is entitled to legal representation by an advocate of her choice, and that the application for leave to have L.K Obwanda & Company Advocates come on record was properly served and unopposed. The court relied on the principle that litigants and their professional advisors are the...
Source-derived case information.
- Citation
- [2024] KEELC 5931 (KLR)
- Parties
- Applicant: Lucia Akumu Langa; Respondent: Richard Ooko Awino
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 15 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Leave for Advocate to Come on Record
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Change of Advocate, Leave to Appear, Representation Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucia Akumu Langa
Applicant
Richard Ooko Awino
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Leave for Advocate to Come on Record
Legal Issues
- 1 Whether the applicant should be granted leave for the firm of L.K Obwanda Advocate to come on record after acting in person.
- 2 Whether any prejudice would be occasioned to the parties if the application is allowed.
Ratio Decidendi
The court found that the applicant is entitled to legal representation by an advocate of her choice, and that the application for leave to have L.K Obwanda & Company Advocates come on record was properly served and unopposed. The court relied on the principle that litigants and their professional advisors are the best judges of their own affairs, as stated in Butt v Rent Restriction Tribunal [1979] eKLR. No prejudice would be occasioned to any party by granting the application. Accordingly, the principal order sought was merited and the application was allowed as prayed.
Court Disposition
application allowed
Orders
- Leave is granted for the firm of L.K Obwanda Advocate to come on record as advocates for the applicant/plaintiff who was acting in person.
Full Case Text
Judgment text and source record
23 paragraphs
Awino v Langa (Environment and Land Appeal 15 of 2022) [2024] KEELC 5931 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEELC 5931 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 15 of 2022
GMA Ongondo, J
September 18, 2024
Between
Richard Ooko Awino
Respondent
and
Lucia Akumu Langa
Applicant
Ruling
1. This ruling is respect of an application by way of Notice of Motion dated 3rd July 2024 by the defendant/applicant through L.K Obwanda and Company Advocates for orders:a.That the firm of L.K Obwanda Advocate be granted leave to come on record as advocates for the Applicant/plaintiff who was acting in person.b.That costs of this Application be provided for.
2. In a nutshell, the applicant stated that initially, he was acting in person and he has appointed L.K Obwanda and Company Advocates to act for him herein. That judgment was delivered in this matter on 22nd March 2023. That no prejudice shall be occasioned to any parties if the application is allowed.
3. Clearly, the application was duly served as revealed in an affidavit of service sworn on 8th August 2024 by learned counsel, Obwanda Linah.
4. The application is unopposed.
5. Having considered the entire application, I find that, the applicant is entitled to be represented by a professional advisor herein. In Butt v Rent Restriction Tribunal [1979] eKLR, the Court of Appeal observed that:“Litigants and their professional advisors are the best judge of their own affair”.
6. In the circumstances, the principal order sought in the application is merited.
7. Accordingly, the application is hereby allowed in terms of prayer No. (1) sought therein and as stated in paragraph 1(a) hereinabove.
8. It is so ordered.
RULING DELIVERED, DATED AND SIGNED THIS 18TH DAY OF SEPTEMBER 2024. G.M.A ONG’ONDOJUDGEa. L.K Obwanda learned Counsel for applicant/respondent.b. Respondent.c. T. Luanga, Court Assistant.