[2024] KEHC 3313 (KLR)
The court found that the entry of Mr. Sichangi as advocate for the applicants on 22/01/2024 was improper, as the originating summons and supporting affidavit were filed by San Advocates. The court therefore expunged the record of 22/01/2024 regarding Mr. Sichangi's appearance. The court further directed that the...
Source-derived case information.
- Citation
- [2024] KEHC 3313 (KLR)
- Parties
- Applicant: Martin Odoyo Ouma & 316 others; Respondent: Flamingo Horticulture (K) Ltd
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E0148 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Representation and Directions for Submissions
- Outcome
- Directions issued; improper entry of advocate expunged; matter listed for highlighting of submissions.
- Judges
- GL Nzioka
- Legal Topics
- Change of Advocate, Filing of Submissions, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Odoyo Ouma & 316 others
Applicant
Flamingo Horticulture (K) Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Representation and Directions for Submissions
Legal Issues
- 1 Whether the entry of Mr. Sichangi as advocate for the applicants on 22/01/2024 was proper.
- 2 Whether the law firm of Sichangi Partners and Associates Network LLP should be removed from the record.
- 3 What directions should be given regarding the hearing of the matter.
Ratio Decidendi
The court found that the entry of Mr. Sichangi as advocate for the applicants on 22/01/2024 was improper, as the originating summons and supporting affidavit were filed by San Advocates. The court therefore expunged the record of 22/01/2024 regarding Mr. Sichangi's appearance. The court further directed that the matter be listed for highlighting of submissions on 16th May 2024, and ordered that this direction be communicated to all parties in good time to allow for adequate preparation.
Court Disposition
Directions issued; improper entry of advocate expunged; matter listed for highlighting of submissions.
Orders
- The record of 22/01/2024 regarding Mr. Sichangi's appearance for the applicants is expunged.
- The matter is listed for highlighting of submissions on 16th May 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Ouma & 316 others v Flamingo Horticulture (K) Ltd (Miscellaneous Civil Case E0148 of 2023) [2024] KEHC 3313 (KLR) (8 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3313 (KLR)
Republic of Kenya
In the High Court at Naivasha
Miscellaneous Civil Case E0148 of 2023
GL Nzioka, J
April 8, 2024
Between
Martin Odoyo Ouma & 316 others
Applicant
and
Flamingo Horticulture (K) Ltd
Respondent
Ruling
1. The matter herein was scheduled for further orders on 21st March 2024, but for one reason or another not clear on record or otherwise the matter was not heard.
2. Be that, as it were, a letter dated 21st March 2024 and received in court on 4th April 2024, the law firm of Sichangi Partners and Associates Network LLP request that their E-filing account be remove from this matter. The court record shows that the originating summons dated 22nd September 2023 and the supporting affidavit were filed by the firm of San Advocates for the Ex parte Advocates. However on 22nd January 2024, Mr. Sichangi was entered on record as appearing for the applicants. It is therefore clear that, the record of 22/01/2024 was improper and is expunged from record.
3. Be that, as it were, the parties have filed their respective submissions. I therefore direct that, the matter be listed for highlighting of the submissions on 16th May 2024. It is so ordered.
4. This order be brought to the knowledge of the parties forthwith and early enough to prepare for the matter.It is so ordered.
DATED, DELIVERED AND SIGNED THIS 8TH DAY OF APRIL 2024GRACE L. NZIOKAJUDGEIn the presence of:-N/A for the applicantMs Kirimi holding brief for Ms Mulwa for the respondentMs Ogutu- court assistant