Elizabeth Wanjira Evans (suing as Administrators of the Estate of Rahab Wanjiru Evans, [Deceased] & 2 others v National Land Commission & another [2021] KEELC 1173 (KLR)
- Court
- Environment & Land Court
- Case number
- 1173
- Citation
- [2021] KEELC 1173 (KLR)
- Decided
- 28 October 2021
The law firm of M/S Gitonga Muthii & Co. Advocates are not lawfully on record for the Petitioners or at all. The Notice of Appointment of Advocate dated 30th July 2021 is contrary to the provisions of Order 9 Rule 7 of the Civil Procedure Rules, 2010.
Facts
The estate of Rahab Wanjiru Evans filed a petition against the National Land Commission and the Attorney General. The petition was withdrawn, but the law firm of M/S Gitonga Muthii & Co. Advocates filed a Notice of Appointment of Advocates on behalf of the estate.
Issues
- Whether the law firm of M/S Gitonga Muthii & Co. Advocates are properly on record for the estate of the deceased.
- Whether the Notice of withdrawal of Petition dated 30th July 2021 is legitimate and/or valid.
Reasoning
The estate of the deceased cannot appoint and instruct counsel without acting through the duly appointed administrators. The Notice of Appointment of Advocate is incompetent and thus invalid.
Outcome
The law firm of M/S Gitonga Muthii & Co. Advocates are not lawfully on record for the Petitioners or at all. The Notice of Appointment of Advocate dated 30th July 2021 is contrary to the provisions of Order 9 Rule 7 of the Civil Procedure Rules, 2010.
Orders
- The law firm of M/s Gitonga Muthii & Co. Advocates, are not lawfully on record for the Petitioners or at all.
- The Notice of Appointment of Advocate dated 30th July 2021, filed by the firm of M/S Gitonga Muthii & Co. Advocates is contrary to the provisions of Order 9 Rule 7 of the Civil Procedure Rules, 2010.
- The said Notice of Appointment of Advocate be and is hereby expunged from the record.
- The Notice of Withdrawal dated 30th July 2021, be and is hereby expunged from the Record.
- The Petition herein remains alive and existent and same ought to be determined on the basis of the written submissions that were duly filed and form part of the record, until same is lawfully and/or Legally Withdrawn.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Law of Succession Act, Chapter 160, Laws of Kenya
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