[2012] KEHC 5537 (KLR)

[2012] KEHC 5537 (KLR)

The court found that the suit was instituted in breach of Rule 12 of the Advocates (Practice) Rules, which prohibits advocates from practicing under trade names not reflecting their own names or those of past or present firm members. The deed poll produced only evidenced a personal name change and did not authorize the use of 'Azania Legal Consultants' as a firm name. The Law Society of Kenya confirmed that it had not authorized the use of such a trade name. As compliance with Rule 12 is mandatory, and the suit was filed in contravention of this rule, the court held that the proceedings were invalid and ordered the suit struck out.

Citation
[2012] KEHC 5537 (KLR)
Parties
Applicant: Mary Mugure; Applicant: Hannah Muthoni Kariuki; Applicant: Eunice Wambui Kariuki; Applicant: Daniel Wanguru Kariuki
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 June 2012
Case Number
Miscellaneous Application 3 of 2012
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection Regarding Advocate's Name Compliance
Outcome
suit struck out for non-compliance with Rule 12 of the Advocates (Practice) Rules
Legal Topics
Advocate Practice Rules, Striking Out Proceedings, Naming of Firms, Originating Summons, Breach of Rule 12
Source Language
English
Civil Procedure Advocate Practice Rules Striking Out Proceedings Naming of Firms Originating Summons Breach of Rule 12

Case Brief

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Parties

Mary Mugure

Applicant

Hannah Muthoni Kariuki

Applicant

Eunice Wambui Kariuki

Applicant

Daniel Wanguru Kariuki

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection Regarding Advocate's Name Compliance

Legal Issues

  1. 1 Whether the suit was properly instituted by an advocate or firm in compliance with Rule 12 of the Advocates (Practice) Rules.
  2. 2 Whether the use of a trade name 'Azania Legal Consultants' instead of an advocate's name or a permitted firm name invalidates the proceedings.

Ratio Decidendi

The court found that the suit was instituted in breach of Rule 12 of the Advocates (Practice) Rules, which prohibits advocates from practicing under trade names not reflecting their own names or those of past or present firm members. The deed poll produced only evidenced a personal name change and did not authorize the use of 'Azania Legal Consultants' as a firm name. The Law Society of Kenya confirmed that it had not authorized the use of such a trade name. As compliance with Rule 12 is mandatory, and the suit was filed in contravention of this rule, the court held that the proceedings were invalid and ordered the suit struck out.

Court Disposition

suit struck out for non-compliance with Rule 12 of the Advocates (Practice) Rules

Orders

  • The suit is struck out for being filed in breach of Rule 12 of the Advocates (Practice) Rules.