[2023] KEELC 20249 (KLR)

[2023] KEELC 20249 (KLR)

The court held that the applicant's advocate was not properly on record, having failed to comply with the mandatory requirements of Order 9 Rule 9 of the Civil Procedure Rules 2010, namely obtaining leave of court or consent from previous counsel and serving the notice of change on all parties. This procedural defect rendered the application fatally incompetent. On locus standi, the court found that the applicant had legal capacity to bring the application as the consent judgment arising from mediation was binding on both parties, and the respondent could not re-litigate issues already compromised by consent. However, the substantive reliefs sought, including injunctions and contempt...

Citation
[2023] KEELC 20249 (KLR)
Parties
Applicant: Sarah Wambui Kariuki; Respondent: Peter Kahama John
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
28 September 2023
Case Number
Environment and Land Case Civil Suit E149 of 2020
Procedural Posture
Civil Suit / Ruling on Application for Injunction, Contempt, and Ancillary Reliefs
Outcome
application struck out as incompetent for procedural non-compliance; costs to be borne by applicant's advocate personally
Judges
JO Mboya
Legal Topics
Change of Advocate Procedure, Locus Standi, Consent Judgment, Injunctive Relief, Contempt of Court
Source Language
English
Land and Property Civil Procedure Change of Advocate Procedure Locus Standi Consent Judgment Injunctive Relief Contempt of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Sarah Wambui Kariuki

Applicant

Peter Kahama John

Respondent

Procedural Posture

Civil Suit / Ruling on Application for Injunction, Contempt, and Ancillary Reliefs

Legal Issues

  1. 1 Whether the applicant's current advocate is properly on record in compliance with Order 9 Rule 9 of the Civil Procedure Rules 2010.
  2. 2 Whether the applicant has the requisite locus standi to commence and maintain the application.
  3. 3 Whether the applicant is entitled to the reliefs sought, including injunctions and contempt orders.

Ratio Decidendi

The court held that the applicant's advocate was not properly on record, having failed to comply with the mandatory requirements of Order 9 Rule 9 of the Civil Procedure Rules 2010, namely obtaining leave of court or consent from previous counsel and serving the notice of change on all parties. This procedural defect rendered the application fatally incompetent. On locus standi, the court found that the applicant had legal capacity to bring the application as the consent judgment arising from mediation was binding on both parties, and the respondent could not re-litigate issues already compromised by consent. However, the substantive reliefs sought, including injunctions and contempt...

Court Disposition

application struck out as incompetent for procedural non-compliance; costs to be borne by applicant's advocate personally

Orders

  • The application dated 8th June 2023 is struck out.
  • Costs of the application to be borne personally by the applicant's advocate.