[2023] KEELC 705 (KLR)
The court found that the application to allow M/s Gordon Ogola Kipkoech & Co Advocates to come on record in place of M/s BM Nyaribo & Company Advocates was merited. The previous advocates had been suspended from practice, and the applicants had not received communication regarding hearing dates. The respondents did...
Source-derived case information.
- Citation
- [2023] KEELC 705 (KLR)
- Parties
- Plaintiff: Alice Chelangat Towett; Plaintiff: Jukie Chemutai Towett; Plaintiff: Victoria Chepkemoi; Defendant: Rael Chelangat; Defendant: David Ngasura Kones; Defendant: George Ogengo; Defendant: Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 87 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Application for Change of Advocates
- Outcome
- Application allowed.
- Judges
- A Ombwayo
- Legal Topics
- Change of Advocates, Representation Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Chelangat Towett
Plaintiff
Jukie Chemutai Towett
Plaintiff
Victoria Chepkemoi
Plaintiff
Rael Chelangat
Defendant
David Ngasura Kones
Defendant
George Ogengo
Defendant
Land Registrar
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Change of Advocates
Legal Issues
- 1 Whether the firm of M/s Gordon Ogola Kipkoech & Co Advocates should be allowed to come on record in place of M/s BM Nyaribo & Company Advocates for the plaintiffs.
Ratio Decidendi
The court found that the application to allow M/s Gordon Ogola Kipkoech & Co Advocates to come on record in place of M/s BM Nyaribo & Company Advocates was merited. The previous advocates had been suspended from practice, and the applicants had not received communication regarding hearing dates. The respondents did not oppose the application. The court exercised its discretion to allow the change of advocates, ensuring that the plaintiffs' right to legal representation was preserved and that the proceedings could continue without prejudice to any party.
Court Disposition
Application allowed.
Orders
- The firm of M/s Gordon Ogola Kipkoech & Co Advocates is allowed to come on record in place of M/s BM Nyaribo & Company Advocates for the plaintiffs.
- Costs shall be in the suit.
Full Case Text
Judgment text and source record
29 paragraphs
Towett & 2 others v Chelangat & 3 others (Environment & Land Case 87 of 2018) [2023] KEELC 705 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEELC 705 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 87 of 2018
A Ombwayo, J
February 9, 2023
Between
Alice Chelangat Towett
1st Plaintiff
Jukie Chemutai Towett
2nd Plaintiff
Victoria Chepkemoi
3rd Plaintiff
and
Rael Chelangat
1st Defendant
David Ngasura Kones
2nd Defendant
George Ogengo
3rd Defendant
Land Registrar
4th Defendant
Ruling
1. Alice Chelangat Towett, Julie Chemutai Towett and Victoria Chepkemoi hereafter referred to as the applicants have come to this court seeking orders that the firm of M/s Gordon Ogolla Kipkoech & Co Advocate be allowed on record in this matter in the place of M/s M Nyaribo & Company advocates .
2. The application is based on grounds that the advocates for the plaintiff have been suspended from practicing law hence they have had communication in respect of hearing dates. They have had no communication from the advocate. The firm of M/s Gordon Ogola Kipkoech & Company Advocates has been instructed to come on record, has accepted instruction and is willing to come on record.
3. I have considered the application submissions on record and do find that the application is merited. The respondents do not oppose the application.
4. I do grant an order that the firm of M/s Gordon Ogola Kipkoech & Co Advocates be and is hereby allowed to come on record in the place of M/s BM Nyaribo & Company Advocates for the plaintiff’s judgment debtors. Costs shall be in the suit.
RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 9TH DAY OF FEBRUARY 2023. A O OMBWAYOJUDGE