[2012] KEHC 4477 (KLR)
The court held that where a firm of advocates has dissolved, the litigant is entitled to seek leave to change advocates post-judgment, as there is no existing firm to serve. The court emphasized the necessity of full disclosure of all relevant facts, even if prejudicial, to ensure the integrity of the process. The...
Source-derived case information.
- Citation
- [2012] KEHC 4477 (KLR)
- Parties
- Appellant: SOCFINAF & CO. LTD; Respondent: REGINA SYOMBUA KIIO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 66 of 2008
- Procedural Posture
- Civil Appeal / Application for Leave to Come on Record Post Judgment
- Outcome
- Application granted.
- Legal Topics
- Change of Advocates, Post Judgment Procedure, Order 9 Rule 9, Advocate Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SOCFINAF & CO. LTD
Appellant
REGINA SYOMBUA KIIO
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Come on Record Post Judgment
Legal Issues
- 1 Whether leave should be granted for a new advocate to come on record after judgment where the former firm has dissolved.
- 2 Whether full disclosure to the court is required when seeking to change advocates post-judgment.
Ratio Decidendi
The court held that where a firm of advocates has dissolved, the litigant is entitled to seek leave to change advocates post-judgment, as there is no existing firm to serve. The court emphasized the necessity of full disclosure of all relevant facts, even if prejudicial, to ensure the integrity of the process. The proper procedure is for the litigant to first come on record, after which the new advocate may file a notice of appointment. In the absence of objection from the other party and given the dissolution of the former firm, the court granted the application for leave to come on record.
Court Disposition
Application granted.
Orders
- Leave is granted for the advocate to come on record in this matter.
Full Case Text
Judgment text and source record
45 paragraphs
Editorial Summary
1. Civil Appeal Miscellaneous
2. Civil Practice & Procedure
3. Representation
4. Application 4th February 2012
i) Leave to come on record.
ii) Former firm of advocates have dissolved.
iii) Applicant seek change of advocates
5. Held:
i) Advocate must at all times disclose the
correct facts to court even if prejudicial.
ii) Application granted.
6. Case Law:
7. Advocates:
i) B.M. Kuria holding brief for Otieno B.O. instructed by M/s
Mohammed Madhani & Co Advocates for appellant/ original defendant.
ii) Muyundo instructed by D. W. Muyundo & Co Advocates for respondent/original plaintiff
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Civil Appeal 66 of 2008
SOCFINAF & CO. LTD ………………………….….… APPELLANT/ORIGINAL DEFENDANT
VERSUS
REGINA SYOMBUA KIIO .…….......………….………. RESPONDENT/ ORIGINAL PLAINTIFF
(Being an appeal arising from the Judgment of Hon. A. Lorot (Senior Resident Magistrate) in Case No. 511 of 2004 dated 10th January 2008 at Gatundu)
R U L I N G
Application to come on record
I.BACKGROUND
1. The respondent original plaintiff wishes to change advocate after judgment.
2. By an application of 4th February 2012, orders were sought under Order 9 rule 9(a) to permit the applicant engage a new advocate.
3. It transpired during the hearing of the application, that the former firm of advocates had dissolved. There was therefore no one to serve as the firm did not exist.
4. The respondent appellant had no objection to the application.
IIFINDINGS
5. Where a firm of advocates does not exist, it has the same effect as to where one is a sole practitioner and or has passed away or is bankrupt. Full disclosure must always be made.
6. The litigant should first come on record and thereafter the new advocate seeks to file a notice of appointment.
7. I believe that is the best way to deal with the matter.
8. In the meantime, the application is hereby granted. Leave be and is hereby given for the advocate to come on record in this matter.
DATED THIS 26TH DAY OF MARCH 2012 AT NAIROBI
M.A. ANG’AWA
JUDGE
Advocates:
i)B.M. Kuria holding brief for Otieno B.O. instructed by M/s
Mohammed Madhani & Co Advocates for appellant/ original defendant.
ii) Muyundo instructed by D. W. Muyundo & Co Advocates for respondent/original plaintiff