SAKI LIMITED vs NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES [2004] KEHC 2192 (KLR)
- Court
- High Court of Kenya
- Case number
- 2192
- Citation
- [2004] KEHC 2192 (KLR)
- Decided
- 26 February 2004
The chamber summons dated 20th November, 2003 was prepared without authority and is hereby struck out with costs to the plaintiff.
Facts
The plaintiff filed an application to strike out the defendant's applications dated 2nd November 2001 and 20th November 2003, alleging that the defendant's advocates were not on record and lacked authority to file the applications.
Issues
- Authority of advocates to file applications
- Notice of change of advocates
Reasoning
The court ruled that the defendant's advocates were not on record and lacked authority to file the applications due to the failure to file a notice of change of advocates. The court held that the authority is deemed to have been given to the firm because it is the firm which warrants to other parties and the world that they have the authority to do so.
Outcome
Defendant's application to strike out the applications is granted.
Orders
- Chamber summons dated 20th November, 2003 is struck out with costs to the plaintiff.
Authorities cited
Cases cited (3)
- Civil Procedure Rules
- Order 3 Rule 6
- Supreme Practice 2003 Vol 2 7C - 217
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