Mathenge t/a Imperial Water Services v Juma (Employment and Labour Relations Appeal E210 of 2023) [2025] KEELRC 21 (KLR) (14 January 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 21
- Citation
- [2025] KEELRC 21 (KLR)
- Decided
- 14 January 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations AppealPostureAppeal from a previous orderCoramAsike Makhandia, JW KELI, Madan
Holding
The notice of change of advocates was not proper as it was filed post-judgment without seeking leave or obtaining consent from the previous advocate.
Facts
The appellant, Mathenge, brought an application seeking to review and extend time for compliance with previous court orders, and to deposit a judgment sum of Kshs. 895,383 in a joint interest-earning account.
Issues
- Whether the notice of change of advocates by the applicant was proper
- Whether the application was merited
Reasoning
The court found that the notice of change of advocates was not in compliance with the mandatory provisions of the Civil Procedure Rules, specifically Order 9 Rule 9.
Outcome
The application was dismissed.
Orders
- The notice of change of advocates was struck out.
- The application was dismissed without prejudice.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Civil Procedure Act
Cases cited (1)
- James Ndonyu Njogu v Muriuki Macharia [2020] 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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