[2015] KEELC 191 (KLR)
The court found that the plaintiff, being elderly and having lost his sense of hearing, had demonstrated sufficient grounds for requiring representation by an attorney under a special power of attorney. The court acknowledged the defendants' objections regarding the identity of the plaintiff and the donor of the...
Source-derived case information.
- Citation
- [2015] KEELC 191 (KLR)
- Parties
- Plaintiff: Waladi Ahmed; Defendant: Commissioner of Lands; Defendant: The Chief Land Registrar; Defendant: The District Land Registrar, Kilifi; Defendant: La Marina Ltd; Defendant: Winton Holdings Limited; Defendant: Top Safe Investments Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 143 of 2011
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Approval of Attorney to Appear for Plaintiff
- Outcome
- application allowed
- Judges
- OA Angote
- Legal Topics
- Power of Attorney, Representation in Court, Identity of Parties, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Waladi Ahmed
Plaintiff
Commissioner of Lands
Defendant
The Chief Land Registrar
Defendant
The District Land Registrar, Kilifi
Defendant
La Marina Ltd
Defendant
Winton Holdings Limited
Defendant
Top Safe Investments Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Approval of Attorney to Appear for Plaintiff
Legal Issues
- 1 Whether the court should approve the appearance of an attorney under a special power of attorney for the plaintiff.
- 2 Whether the identity of the plaintiff and the donor of the power of attorney is sufficiently established for the purposes of this application.
Ratio Decidendi
The court found that the plaintiff, being elderly and having lost his sense of hearing, had demonstrated sufficient grounds for requiring representation by an attorney under a special power of attorney. The court acknowledged the defendants' objections regarding the identity of the plaintiff and the donor of the power of attorney but held that such issues could be properly investigated and interrogated during the trial. Therefore, the court exercised its discretion to allow the application for the attorney to appear and act for the plaintiff, with the caveat that the defendants retain the right to challenge the plaintiff's identity at trial. No order as to costs was made.
Court Disposition
application allowed
Orders
- Approval is granted for Waladi Ahmed Waladi, the holder of a special power of attorney, to appear in court and act on behalf of the plaintiff during the period of this suit.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC CIVIL CASE NO.143 OF 2011
WALADI AHMED.........................................PLAINTIFF
VERSUS
COMMISSIONER OF LANDS
THE CHIEF LAND REGISTRAR
THE DISTRICT LAND REGISTRAR, KILIFI
LA MARINA LTD
WINTON HOLDINGS LIMITED
TOP SAFE INVESTMENTS LTD..................DEFENDANTS/RESPONDENTS
R U L I N G
The Application before me is by the Plaintiff and is dated 23rd October 2014 seeking for the following orders:
(a) THAT this Honourable Court do give its approval to Waladi Ahmed Waladi the holder of a Special Power of Attorney donated by Waladi Ahmed the Plaintiff herein to appear in court on behalf of the Plaintiff and do all such acts authorised by the plaintiff during the period of this suit.
(b) THAT the cost of this application be in cause.
The Application is premised on the ground that the Plaintiff is an elderly and sickly person and requires the assistance of his attorney to give evidence.
In the Grounds of Objection, the 4th, 5th and 6th Defendants have averred that all the Affidavits have the name of Waladi Ahmed and not Walid Ahmed Mbwende; that the donor of the Power of Attorney is one Walad Ahmed Mbwende who has nothing to do with this suit and that the court should investigate the true identity of the Plaintiff considering that the donor of the power of attorney dated 28th April 2014 is known as Waladi Ahmed Mbwende.
The issue as to whether the name Walid Ahmed Mbwende also refers to the Plaintiff herein can only be ascertained at trial.
The Plaintiff has deponed that he is 82 years of age and has lost his sense of hearing.
In the circumstances, and on the basis that the Defendants shall be at liberty to investigate and interrogate the Plaintiff's Attorney on the true identity of the Plaintiff, I allow the Application dated 23rd October 2014 as prayed with no orders as to costs.
Dated and delivered in Malindi this 9th day of October2015.
O. A. Angote
Judge