Alice Wambui Nganga v John Ngure Kahoro [2021] KEELC 2441 (KLR)
- Court
- Environment & Land Court
- Case number
- 2441
- Citation
- [2021] KEELC 2441 (KLR)
- Decided
- 26 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment granting leave to change advocates and stay of executionCoramL. GACHERU
Holding
The Application is granted only in terms of prayer no. 1 (granting leave to change advocates). The other prayers are dismissed.
Facts
The 2nd Defendant/Applicant sought to change his advocates and appeal a judgment allowing the Plaintiff's suit. The Plaintiff/Respondent opposed the application, claiming the 2nd Defendant/Applicant was delaying justice.
Issues
- Whether the Law Firm of Norman Otieno & Co. Advocates should come on record in place of the Firm of Thuku & Associates Advocates.
- Whether the 2nd Defendant/Applicant is entitled to the orders sought.
Reasoning
The Court found that the 2nd Defendant/Applicant did not demonstrate substantial loss if the stay was not granted and failed to provide a draft memorandum of appeal.
Outcome
The Application is granted only in terms of prayer no. 1.
Orders
- Grant leave to change advocates for the 2nd Defendant/Applicant.
- Dismiss the other prayers.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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