[2007] KEHC 1702 (KLR)
The court held that an application seeking leave to change advocates under Order III Rule 9A of the Civil Procedure Rules must not be combined with other substantive prayers such as stay or injunction. Combining such prayers in a single application is procedurally improper and renders the application incompetent. As...
Source-derived case information.
- Citation
- [2007] KEHC 1702 (KLR)
- Parties
- Applicant: GEOM HOLDINGS (K) LTD; Applicant: GEORGE WILLIAMS OMONDI; Applicant: GETRUDE ATIENO OMONDI; Respondent: CO-OPERATIVE MERCHANT BANK LTD; Respondent: CO-OPERATIVE BANK OF KENYA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 85 of 2004
- Procedural Posture
- Civil Case / Ruling on Notice of Motion to Change Advocates and for Other Orders
- Outcome
- application struck out
- Legal Topics
- Change of Advocates, Procedural Incompetence, Order Iii Rule 9a, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GEOM HOLDINGS (K) LTD
Applicant
GEORGE WILLIAMS OMONDI
Applicant
GETRUDE ATIENO OMONDI
Applicant
CO-OPERATIVE MERCHANT BANK LTD
Respondent
CO-OPERATIVE BANK OF KENYA
Respondent
Procedural Posture
Civil Case / Ruling on Notice of Motion to Change Advocates and for Other Orders
Legal Issues
- 1 Whether a notice of motion seeking leave to change advocates can be combined with substantive prayers for stay or injunction.
- 2 Whether such a combined application is competent under the Civil Procedure Rules.
Ratio Decidendi
The court held that an application seeking leave to change advocates under Order III Rule 9A of the Civil Procedure Rules must not be combined with other substantive prayers such as stay or injunction. Combining such prayers in a single application is procedurally improper and renders the application incompetent. As a result, the Notice of Motion dated 28th September 2007 was struck out for incompetence.
Court Disposition
application struck out
Orders
- The Notice of Motion dated 28th September 2007 is struck out.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
Civil Case 85 of 2004
GEOM HOLDINGS (K) LTD
GEORGE WILLIAMS OMONDI
GETRUDE ATIENO OMONDI..............................................................................................................APPLICANTS
versus
CO-OPERATIVE MERCHANT BANK LTD
CO-OPERATIVE BANK OF KENYA...............................................................................................RESPONDENTS
RULING.
The Notice of Motion dated 28th September 2007 while seeking consent of this court to change advocates also contains other prayers in favour of applicant / plaintiffs. In as far as the prayer for leave seeking consent of the court to allow M/S OTIENO ARUM & CO Advocates or any other Advocates, come on record for the Plaintiffs in place of M/S WAGARA KOYOOKO & Co, Advocates or any other Advocates, under Order III Rule 9A of the Civil Procedure Rules, is in the same Application seeking other orders such as orders of stay or injunction or any others in favour of the Applicant party, such an application, in my opinion, becomes tainted with incompetence which, in law, is improper to grant. Accordingly, this Notice of Motion dated 28th September 2007 be and is hereby struck out.
October 1, 2007
Khamoni J