Francis Kibet Arap Serem v Michael Kimtai Ndiwa (Environment & Land Case 42 of 2020) [2021] KEELC 2216 (KLR) (9 August 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2216
- Citation
- [2021] KEELC 2216 (KLR)
- Decided
- 9 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to file Power of Attorney and to appear on behalf of the plaintiffCoramMWANGI NJOROGE
Holding
The application has merit and the plaintiff's son, Alexander Kiptanui Serem, is granted leave to file the power of attorney and appear on behalf of the plaintiff.
Facts
The plaintiff, Francis Kibet Arap Serem, is of advanced age and unwell and has donated his powers in the matter to his son, Alexander Kiptanui Serem, through a registered power of attorney. The defendant, Michael Kimtai Ndiwa, has already filed his documents and served the plaintiff.
Issues
- Whether the plaintiff's donation of powers to his son is valid
- Whether the defendant's choice to present his case through a recognised agent is permissible
Reasoning
The judge considers the case law and finds that a party is at liberty to authorise a recognised agent to act on their behalf at any stage of the proceedings, regardless of the donor's incapacity.
Outcome
The application is granted in part.
Orders
- The plaintiff's son, Alexander Kiptanui Serem, is granted leave to file the power of attorney and appear on behalf of the plaintiff.
- The costs of the application shall be in the cause.
- The matter shall be mentioned on 30/9/2021 for the fixing of a hearing date.
Remedies
- Leave to file the power of attorney and appear on behalf of the plaintiff
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 9 Rule 2 of the Civil Procedure Rules
Cases cited (1)
- John Kamau Gachina Vs Sofia Salim Karama 2016 eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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