Hassan Mohammed Haji v Mohammed Keynan & another [2021] KEELC 2521 (KLR)
- Court
- Environment & Land Court
- Case number
- 2521
- Citation
- [2021] KEELC 2521 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent's Preliminary Objection to Applicants' ApplicationCoramMr., Mutungi
Holding
The Respondent's Preliminary Objection is not merited.
Facts
The 1st Defendant had appointed J.O Otieno & Co. Advocates for representation. The firm was later found not to be licensed to practice law. The Applicants' application sought to set aside the Respondent's judgment.
Issues
- Whether the Applicants' application is competent due to non-compliance with Order 9 Rule 9 of the Civil Procedure Rules, 2010.
- Whether the Respondent's Preliminary Objection has merit.
Reasoning
The court ruled that the Applicants' application was not incompetent as the Advocate who filed it was not properly on record. The rule was intended to protect advocates from clients who would change advocates after judgment to deny them fees.
Outcome
The Applicants' application dated 26th November, 2020 is not struck out.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Environment and Land Court Act
Cases cited (3)
- Mombasa Highway Transport Limited -v- Gulf Africa Bank Limited
- S. K. Tarwadi vs Veronica Muehlmann
- Ngitimbe Hudson Nyanumba
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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