[2012] KEHC 1881 (KLR)

[2012] KEHC 1881 (KLR)

The High Court found that the trial magistrate properly exercised discretion in some respects but erred in allowing advocates to appear without proper compliance with the rules on change of advocate after judgment. The court also held that service of the application for dismissal by registered post on the appellant,...

Source-derived case information.

Citation
[2012] KEHC 1881 (KLR)
Parties
Appellant: Mohammed Abdul Adan; Respondent: Ardo Mohammed
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
9 October 2012
Case Number
Civil Case 147 of 2010
Procedural Posture
Civil Appeal / Judgment on Appeal From Dismissal for Want of Prosecution
Outcome
appeal allowed
Judges
AN Makau
Legal Topics
Dismissal for Want of Prosecution, Reinstatement of Suit, Service of Process, Change of Advocate
Source Language
english
Civil Procedure Land and Property Dismissal for Want of Prosecution Reinstatement of Suit Service of Process Change of Advocate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mohammed Abdul Adan

Appellant

Ardo Mohammed

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the trial court erred in dismissing the application to reinstate the suit for want of prosecution.
  2. 2 Whether the firm of M/S Mbaabu Inoti & Co. Advocates was properly on record after judgment.
  3. 3 Whether service of the application for dismissal was properly effected on the appellant who was out of the country.

Ratio Decidendi

The High Court found that the trial magistrate properly exercised discretion in some respects but erred in allowing advocates to appear without proper compliance with the rules on change of advocate after judgment. The court also held that service of the application for dismissal by registered post on the appellant, who was out of the country, was contrary to the Civil Procedure Rules, which require personal service or proper substituted service. Consequently, the appeal was allowed on the grounds that the firm of M/S Mbaabu Inoti & Co. Advocates was not properly on record and that service was not properly effected. The ruling dismissing the application to reinstate the suit was set...

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The ruling dated 23rd April, 2010 is set aside.