[2006] KEHC 2104 (KLR)
The court found that the application for adjournment by the defendants' new advocate was not unreasonable given the circumstances of the change of advocates due to the insurance company being under liquidation or receivership. The court exercised its discretion to grant the defendants' advocate 30 days to obtain the...
Source-derived case information.
- Citation
- [2006] KEHC 2104 (KLR)
- Parties
- Plaintiff: Francis Karanja Kamau; Defendant: Nicholasa Kigotho Karuka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 645 of 2000
- Procedural Posture
- Civil Case / Interlocutory Application for Adjournment Due to Change of Advocates
- Outcome
- Application for adjournment granted with conditions.
- Legal Topics
- Change of Advocates, Adjournment, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Karanja Kamau
Plaintiff
Nicholasa Kigotho Karuka
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Adjournment Due to Change of Advocates
Legal Issues
- 1 Whether the defendants' new advocate should be granted additional time to obtain the case file from the previous advocate.
- 2 Whether the application for adjournment is reasonable under the circumstances.
- 3 Who should bear the costs of the adjournment.
Ratio Decidendi
The court found that the application for adjournment by the defendants' new advocate was not unreasonable given the circumstances of the change of advocates due to the insurance company being under liquidation or receivership. The court exercised its discretion to grant the defendants' advocate 30 days to obtain the original file from the previous advocate, either by providing a letter of undertaking or by paying costs to the former advocate. However, the court also determined that the costs for the day, including a court adjournment fee of KES 1,000, would be borne by the defendants, as the adjournment was occasioned by their change of advocates and the resulting delay.
Court Disposition
Application for adjournment granted with conditions.
Orders
- The advocate for the defendants is granted 30 days to obtain the original file from the previous advocate by either giving a letter of undertaking or paying costs to the former advocate.
- The costs for the day will be borne by the defendants.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 645 of 2000
FRANCIS KARANJA KAMAU …………..........................................…………PLAINTIFF
VERSUS
NICHOLASA KIGOTHO KARUKA …………...........................……….. DEFENDANTS
RULING
I: BACKGROUND
1. The defendant 1 and 2 have changed advocates on grounds that the insurance company they have been with is under (liquidation) (receivership).
2. Then new advocate appearing to court prays that he be given time to obtain the defendants files from the other advocate. He is unable to proceed with the trial.
3. The application is opposed as adequate time to do this was given.
II: Finding
4. The application is not unreasonable. I hereby grant the advocate for the defendants 30 days in which to obtain the original file by either giving a letter of undertaking or paying costs to the former advocate in order to obtain the defendant file.
5. The costs for today will be borne by the defendant 1 and 2. They will also pay 1,000/- court adjournment fees.
Dated this 23rd day of May 2006 at Nairobi.
M.A. ANG’AWA
JUDGE
Kibatia & Co. Advocates for the plaintiff
F.N. Wamalwa & Co. advocates for the defendant