[2014] KEHC 346 (KLR)

[2014] KEHC 346 (KLR)

The court held that the appellant, having been previously represented by an advocate in the lower court, could not appear in person in the appeal without first complying with the mandatory requirements of Order 9 Rule 9 of the Civil Procedure Rules. Specifically, the appellant was required to seek leave of the court and serve notice to his previous advocates before acting in person. The failure to regularize his representation rendered his presence in the appeal irregular and incompetent. The court found the preliminary objection well-founded and struck out the appellant's presence on record, holding that the appeal could not be heard on its merits until the procedural irregularity was...

Citation
[2014] KEHC 346 (KLR)
Parties
Appellant: J M M; Respondent: P E A
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
19 December 2014
Case Number
Civil Appeal 38 of 2014
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
Appellant's presence on record struck out for non-compliance with Order 9 Rule 9; appeal not heard on merits.
Legal Topics
Custody of Children, Change of Advocate Post Judgment, Procedure for Personal Representation, Preliminary Objection
Source Language
English
Civil Procedure Family and Children Custody of Children Change of Advocate Post Judgment Procedure for Personal Representation Preliminary Objection

Case Brief

Summary, issues, holding and outcome

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Parties

J M M

Appellant

P E A

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appellant can appear in person in the appeal without complying with Order 9 Rule 9 of the Civil Procedure Rules.
  2. 2 Whether failure to regularize representation renders the appeal incompetent.

Ratio Decidendi

The court held that the appellant, having been previously represented by an advocate in the lower court, could not appear in person in the appeal without first complying with the mandatory requirements of Order 9 Rule 9 of the Civil Procedure Rules. Specifically, the appellant was required to seek leave of the court and serve notice to his previous advocates before acting in person. The failure to regularize his representation rendered his presence in the appeal irregular and incompetent. The court found the preliminary objection well-founded and struck out the appellant's presence on record, holding that the appeal could not be heard on its merits until the procedural irregularity was...

Court Disposition

Appellant's presence on record struck out for non-compliance with Order 9 Rule 9; appeal not heard on merits.

Orders

  • The appellant's presence on record is struck out.
  • The appeal cannot be interrogated until representation is regularized in accordance with law.