[2007] KEHC 1593 (KLR)
The court held that since there is a judgment on record, any change of advocates must be sanctioned by leave of the court under Order III, rule 9A of the Civil Procedure Rules. No such leave had been sought or obtained by the applicants' advocates. The court granted the applicants' advocates fourteen days to apply...
Source-derived case information.
- Citation
- [2007] KEHC 1593 (KLR)
- Parties
- Plaintiff: Razia Iqbal Majothi; Plaintiff: Rosy Y. Majothi; Plaintiff: Halim Majothi; Defendant: Farida Karim; Defendant: Abid Karim
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 20 of 2006
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Change Advocates and Prosecute Motion
- Outcome
- Conditional opportunity granted to apply for leave; otherwise, application to be struck out with costs to respondents.
- Legal Topics
- Change of Advocates, Leave of Court, Irregular Judgment, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Razia Iqbal Majothi
Plaintiff
Rosy Y. Majothi
Plaintiff
Halim Majothi
Plaintiff
Farida Karim
Defendant
Abid Karim
Defendant
Procedural Posture
Civil Case / Ruling on Application for Leave to Change Advocates and Prosecute Motion
Legal Issues
- 1 Whether leave of court is required for a change of advocates after judgment has been entered.
- 2 Whether the application by notice of motion dated 18th July, 2007 can be prosecuted without such leave.
- 3 Whether costs should be awarded to the respondents.
Ratio Decidendi
The court held that since there is a judgment on record, any change of advocates must be sanctioned by leave of the court under Order III, rule 9A of the Civil Procedure Rules. No such leave had been sought or obtained by the applicants' advocates. The court granted the applicants' advocates fourteen days to apply for the necessary leave; failing which, the application by notice of motion dated 18th July, 2007 would stand struck out with costs to the respondents. The court also awarded costs of the present proceedings to the respondents.
Court Disposition
Conditional opportunity granted to apply for leave; otherwise, application to be struck out with costs to respondents.
Orders
- Applicants' advocates to apply for leave to come on record within fourteen (14) days of this ruling.
- If leave is not sought within fourteen (14) days, the application by notice of motion dated 18th July, 2007 shall stand struck out with costs to the respondents.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 20 of 2006
IN THE MATTER OF HOUSE NO. 431 COMPRISED IN NAIROBI LAND
REFERENCE NO. 93/431 PLAINSVIEW, NAIROBI
AND
IN THE MATTER OF SUCCESSION CAUSE NO. 2513 OF 1998
1. RAZIA IQBAL MAJOTHI
2. ROSY Y. MAJOTHI
3. HALIM MAJOTHI ………………………………..…...PLAINTIFFS
V E R S U S
1. FARIDA KARIM
2. ABID KARIM ……………………….......……………..DEFENDANTS
R U L I N G
There is a judgment on record, even if it may turn out that it was irregularly sought by an advocate who had no practicing certificate and irregularly entered. But it has not been set aside; any change of advocates must therefore be sanctioned by leave of the court under Order III, rule 9A of the Civil Procedure Rules (the Rules).
No such leave has been sought or obtained. M/s Aming’a, Opiyo, Masese & Co., Advocates must therefore seek and obtain such leave if they wish to prosecute the application by notice of motion dated 18th July, 2007. I will give them a chance to obtain the necessary leave. They must so apply within fourteen (14) days of delivery of this ruling; otherwise the said application shall stand struck out with costs to the Respondents. I will also award costs of the proceedings that have prompted this short ruling to the Respondents. Those shall be the orders of the court.
DATED AT NAIROBI THIS 15TH DAY OF NOVEMBER, 2007
H. P. G. WAWERU
J U D G E
DELIVERED THIS 16TH DAY OF NOVEMBER, 2007