[2015] KEELRC 291 (KLR)
The court found that the applicant, Edward Mwangi, had been duly appointed as a recognized agent by virtue of a General Power of Attorney executed and registered by the plaintiff, Magdaline Nduta Mwicigi. Order 9 Rules 1 and 2 of the Civil Procedure Rules expressly permit a person holding a power of attorney to act...
Source-derived case information.
- Citation
- [2015] KEELRC 291 (KLR)
- Parties
- Plaintiff: Magdaline Nduta Mwicigi; Defendant: Anna Wanjiku Mwicigi; Applicant: Edward Mwangi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 139 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Come on Record as Recognized Agent
- Outcome
- application allowed
- Judges
- LN Gacheru
- Legal Topics
- Power of Attorney, Recognized Agents, Court Appearance by Agent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magdaline Nduta Mwicigi
Plaintiff
Anna Wanjiku Mwicigi
Defendant
Edward Mwangi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Come on Record as Recognized Agent
Legal Issues
- 1 Whether the applicant qualifies as a recognized agent under Order 9 of the Civil Procedure Rules to act on behalf of the plaintiff.
- 2 Whether the court should grant leave for the applicant to come on record for the plaintiff based on the registered power of attorney.
Ratio Decidendi
The court found that the applicant, Edward Mwangi, had been duly appointed as a recognized agent by virtue of a General Power of Attorney executed and registered by the plaintiff, Magdaline Nduta Mwicigi. Order 9 Rules 1 and 2 of the Civil Procedure Rules expressly permit a person holding a power of attorney to act as a recognized agent in court proceedings, subject to the court's approval. The court was satisfied that the requirements for recognition as an agent had been met, as the power of attorney was properly executed and registered. There being no opposition from the defendant, and the application being in compliance with the procedural requirements, the court allowed the...
Court Disposition
application allowed
Orders
- Leave is granted for Edward Mwangi to come on record as recognized agent for the plaintiff.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
MILIMANI LAW COURTS
ELC NO. 139 OF 2015
MAGDALINE NDUTA MWICIGI................................................................PLAINTIFF
VERSUS
ANNA WANJIKU MWICIGI.....................................................................DEFENDANT
RULING
The application before me is dated 10th April 2015 and brought under Order 9 of the Civil Procedure Rules. Edward Mwangi, the applicant seeks leave of the Court to come on record on behalf of the Plaintiff. The application is premised on grounds that the Plaintiff, vide a General Power of Attorney authorized the Applicant to act on her behalf in the suit. The Defendant did not put a response to this application, though duly served.
I have perused the Power of Attorney appointing the Applicant. It is dated 14th February 2015 and drawn in the presence of M/s Rumba Kinuthia & Co. Advocates. The Power of Attorney was presented for registration on 31st March 2015 and registered in the Lands Registry as IR/A 63620/1. Order 9 of the Civil Procedure Rules provides for recognized agents and advocates. Rule 1 provides that an application, appearance or act in court is done by a party acting in person, his recognized agent or by an advocate duly appointed to act on his behalf. Recognized agents, pursuant to Rule 2(a), are persons holding powers of attorney authorizing them to make such appearances and applications and do such acts on behalf of parties. It reads:
2. The recognized agents of parties by whom such appearances, applications and acts may be made or done are –
(a) Subject to the approval by the court in any particular suit persons holding powers of attorney authorizing them to make such acts on behalf of parties."
In the view of the executed and registered General Power of Attorney, the Applicant qualifies as a recognized agent on behalf of the Plaintiff in accordance with Order 9 Rules 1 and 2. The application is hereby allowed.
It is so ordered.
Dated, Signed and Delivered this 23rdday of October, 2015
L. GACHERU
JUDGE
In the Presence of:-
None attendance for the Plaintiff
None attendance for the Defendant
Nyangweso: Court Clerk
L. GACHERU
JUDGE
23/10/2015