[2025] KEHC 10424 (KLR)

[2025] KEHC 10424 (KLR)

The court found that the applicant's current advocates, Kibet Yegon & Co. Advocates, were not properly on record as they had not obtained either a consent from the applicant's previous advocates or leave of court as required by Order 9 rule 9 of the Civil Procedure Rules. The court held that the application for leave to appeal out of time and for stay of execution was not a fresh suit but was related to the proceedings in the lower court, and therefore, the procedural requirements for change of advocate post-judgment applied. As a result, the application was incompetent and incurably defective for failure to comply with the mandatory procedural rules, and was struck out with costs to the...

Citation
[2025] KEHC 10424 (KLR)
Parties
Applicant: Veronica Wairimu Njonjo; Respondent: Peter Kariuki Githeu; Respondent: Betabase Auctioneers
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 July 2025
Case Number
Miscellaneous Civil Application E760 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Preliminary Objection
Outcome
Application struck out with costs to the 1st respondent.
Judges
TW Ouya
Legal Topics
Leave to Appeal Out of Time, Change of Advocate Post Judgment, Consent Judgment, Preliminary Objection, Stay of Execution, Representation Procedure
Source Language
English
Civil Procedure Leave to Appeal Out of Time Change of Advocate Post Judgment Consent Judgment Preliminary Objection Stay of Execution Representation Procedure

Case Brief

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Parties

Veronica Wairimu Njonjo

Applicant

Peter Kariuki Githeu

Respondent

Betabase Auctioneers

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's advocates were properly on record in compliance with Order 9 rule 9 of the Civil Procedure Rules.
  2. 2 Whether leave to appeal out of time should be granted to the applicant.
  3. 3 Whether the application for leave is competent in light of the procedural objection raised by the 1st respondent.

Ratio Decidendi

The court found that the applicant's current advocates, Kibet Yegon & Co. Advocates, were not properly on record as they had not obtained either a consent from the applicant's previous advocates or leave of court as required by Order 9 rule 9 of the Civil Procedure Rules. The court held that the application for leave to appeal out of time and for stay of execution was not a fresh suit but was related to the proceedings in the lower court, and therefore, the procedural requirements for change of advocate post-judgment applied. As a result, the application was incompetent and incurably defective for failure to comply with the mandatory procedural rules, and was struck out with costs to the...

Court Disposition

Application struck out with costs to the 1st respondent.

Orders

  • The Notice of Motion dated 19th August, 2024 is struck out.
  • Costs awarded to the 1st respondent.