[2025] KEHC 10129 (KLR)

[2025] KEHC 10129 (KLR)

The court found that Order 9 Rule 9 of the Civil Procedure Rules is intended to protect the interests of the outgoing advocate, not the opposing party. Although there was no evidence of service of notice upon the previous advocate, the applicant could still comply by securing the necessary consent. The court affirmed the applicant's right to change advocates post-judgment and found the respondent's opposition on this ground misplaced. Regarding the prayer to deem the memorandum of appeal as duly filed, the court noted that the application was made within the statutory period for appeal, and the draft memorandum was ready. The court also observed that substantive orders regarding the...

Citation
[2025] KEHC 10129 (KLR)
Parties
Applicant: Robert Luka; Respondent: Joseph Munyi
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
30 June 2025
Case Number
Miscellaneous Civil Application E020 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Change Advocate and Deem Memorandum of Appeal Duly Filed
Outcome
application allowed
Judges
RL Korir
Legal Topics
Change of Advocate Post Judgment, Leave to File Appeal, Order 9 Rule 9 Compliance
Source Language
English
Civil Procedure Change of Advocate Post Judgment Leave to File Appeal Order 9 Rule 9 Compliance

Case Brief

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Parties

Robert Luka

Applicant

Joseph Munyi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Change Advocate and Deem Memorandum of Appeal Duly Filed

Legal Issues

  1. 1 Whether leave should be granted for the applicant to change advocates after judgment as required by Order 9 Rule 9 of the Civil Procedure Rules.
  2. 2 Whether the memorandum of appeal annexed should be deemed as duly filed within the statutory time.
  3. 3 Whether substantive orders can be granted in a miscellaneous application.

Ratio Decidendi

The court found that Order 9 Rule 9 of the Civil Procedure Rules is intended to protect the interests of the outgoing advocate, not the opposing party. Although there was no evidence of service of notice upon the previous advocate, the applicant could still comply by securing the necessary consent. The court affirmed the applicant's right to change advocates post-judgment and found the respondent's opposition on this ground misplaced. Regarding the prayer to deem the memorandum of appeal as duly filed, the court noted that the application was made within the statutory period for appeal, and the draft memorandum was ready. The court also observed that substantive orders regarding the...

Court Disposition

application allowed

Orders

  • Leave is granted for Musyimi Damaris & Co. Advocates to come on record in place of Ojwang Sombe & Company Advocates for the applicant.
  • Costs shall be in the cause.