[2020] KEHC 1227 (KLR)
The court found that the applicant had complied with the procedural requirements for a change of advocates after judgment, including seeking leave of court and effecting proper service of the application and hearing notice on the previous advocates and the respondents. As there was no opposition to the application...
Source-derived case information.
- Citation
- [2020] KEHC 1227 (KLR)
- Parties
- Plaintiff: First Community Bank Limited; Defendant: Samiras Development Co. Ltd; Defendant: Suleiman Mohamed Ali; Defendant: Mohamed Issack Noor; Defendant: Mahadi Energy Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case CaseE065 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Change Advocates Post Judgment
- Outcome
- application allowed
- Judges
- WA Okwany
- Legal Topics
- Change of Advocates, Leave of Court Post Judgment, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
First Community Bank Limited
Plaintiff
Samiras Development Co. Ltd
Defendant
Suleiman Mohamed Ali
Defendant
Mohamed Issack Noor
Defendant
Mahadi Energy Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Change Advocates Post Judgment
Legal Issues
- 1 Whether the firm of Issa & Company Advocates should be granted leave to come on record for the plaintiff in place of Kenyariri & Associates Advocates after judgment has been entered.
- 2 Whether proper service of the application and hearing notice was effected on the relevant parties.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements for a change of advocates after judgment, including seeking leave of court and effecting proper service of the application and hearing notice on the previous advocates and the respondents. As there was no opposition to the application and the requirements of Order 9 Rule 9 of the Civil Procedure Rules had been satisfied, the court exercised its discretion to grant leave for Issa & Company Advocates to come on record for the plaintiff in place of Kenyariri & Associates Advocates. The court further directed that the ruling would apply to related matters pending before it.
Court Disposition
application allowed
Orders
- Leave is granted for the firm of Issa & Company Advocates to come on record for the plaintiff in place of Kenyariri & Associates Advocates.
- The ruling shall apply to related matters HCCOM. E69 and E70 of 2019.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCC NO. E065 OF 2019
FIRST COMMUNITY BANK LIMITED.........................................................PLAINTIFF
-VERSUS-
SAMIRAS DEVELOPMENT CO. LTD................................................1ST DEFENDANT
SULEIMAN MOHAMED ALI...............................................................2ND DEFENDANT
MOHAMED ISSACK NOOR.................................................................3RD DEFENDANT
MAHADI ENERGY LIMITED..............................................................4TH DEFENDANT
RULING
1. Through the application dated 25th August 2020, the plaintiff/applicant seeks orders that: -
1. That, the firm of ISSA & COMPANY ADVOCATES be granted leave to come on record on behalf of the plaintiff in place of the firm of Kenyariri & Associates Advocates.
2. That costs of the application be in cause.
2. The application is supported by the affidavit of the applicant’s advocate Mr. Mansur Muathe Issa and is premised in the grounds that: -
1. That the suit against the Defendants was filed on 4th April 2019 by the firm of Kenyariri & Associates acting on behalf of the plaintiff.
2. That on 29th April 2019, the Honourable court entered judgment against the Defendants for the sum prayed for in the plaint together with a return rate of 14% per annum.
3. That on 29th July 2020, the firm of Issa & Company Advocates received instructions to act on behalf of the plaintiff in place of the firm of Kenyariri & Associates Advocates.
4. That, by a letter dated 4th August 2020 the firm of Issa & Company Advocates wrote to the firm of Kenyariri & Associates to enquire whether they had any objection and whether the consent could be filed to effect the change.
5. That the letter further requested the firm of Kenyariri & Associates Advocates to release the respective files to enable the firm of Issa & Company Advocates to file a notice of change of advocates.
6. That by an email dated 14th August 2020, the firm of Kenyariri & Associates wrote to the firm of Issa & Company Advocates objecting to come on record for the plaintiff.
7. That as judgment has been entered the leave of this honourable court is required before the notice of change of advocates is filed.
8. That it is proper and just for the firm of Issa & Company Advocates to be granted leave to come on record.
3. The application was not opposed by the respondents and the applicant’s former advocates on record. At its hearing, the applicant’s advocate Miss Agwata urged the court to allow it as prayed.
4. I have perused the affidavit of service dated 26th October 2020 and I am satisfied that the law firms of Prof. Albert Mumma & co. and Kenyariri & Associates were duly served with both the application and the hearing notice. Consequently, I allow the application as prayed. I also direct that the ruling herein shall apply to the other related matters before me being; HCCOM. E69 and E70 of 2019.
Dated, signed and delivered via Microsoft Teams at Nairobi this 3rd day of December 2020in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Miss Agwata for Issa for Plaintiff/Applicant.
No appearance for Defendants.
Court Assistant: Sylvia