Noah Arap Too v Chepkemboi Malakwen Maina [2017] KEELC 3382 (KLR)

Facts

The Plaintiff filed a Notice for a Preliminary Objection on June 2, 2016, alleging that the Applicant's Counsel has not sought leave to come on record as the Applicant had counsel on record. The matter was listed for hearing on February 20, 2017, and the court directed that the Preliminary Objection be heard on March 15, 2017. The defendant's counsel did not attend the hearing and did not send a representative.

Issues

1. Whether the firm of Adalo & Bitok & Co Advocates is properly on record as required by law.
2. Whether there is inordinate delay in bringing the current application for stay of proceedings.

Reasoning

The court found that the defendant's counsel did not attend the hearing and did not send a representative, and thus the preliminary objection was not properly raised.

Outcome

Dismissed

Authorities cited