Ong’udi v Gor Construction & Hardware Limited & another (Environment and Land Appeal E020 of 2022) [2024] KEELC 3489 (KLR) (25 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3489
- Citation
- [2024] KEELC 3489 (KLR)
- Decided
- 25 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a dismissal of an application to join the Appellant as a party and review a judgmentCoramSO OKONG'O
Holding
The court denied the Appellant's application to join her as a party and to review the judgment, and it also denied the Appellant's request for the original advocate to pay the party and party costs.
Facts
The Appellant filed an application in the lower court seeking to join her as a party and review a judgment in favor of the 1st Respondent. The application was dismissed, and the Appellant appealed. The appeal was struck out for being filed out of time, and the 1st Respondent filed a bill of costs.
Issues
- Whether the 1st Respondent should be granted leave to come on record in place of the Appellant's original advocate
- Whether the Appellant's original advocate should be ordered to pay the party and party costs awarded to the 1st Respondent
Reasoning
The court found that the Appellant's original advocate was not served with the application and that the 1st Respondent was entitled to the costs of the appeal.
Outcome
Appeal dismissed
Orders
- The 1st Respondent was granted leave to come on record in place of the Appellant's original advocate
- The Appellant's original advocate was not properly on record in the matter
- The Appellant's application was not properly served
- The Appellant's request for the original advocate to pay the party and party costs was denied
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Monica Moraa v. Kenindia Assurance Co. Ltd. [2010] 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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