Chase Bank Kenya Limited v Tata Africa Holdings Limited [2020] KEHC 6939 (KLR)
- Court
- High Court of Kenya
- Case number
- 6939
- Citation
- [2020] KEHC 6939 (KLR)
- Decided
- 14 April 2020
The firm of Oundo, Muriuki & Company Advocates is properly on record for the Applicant. The Applicant was not required to seek leave of court prior to filing this appeal. The application is not merited.
Facts
The trial court dismissed an application to set aside a judgment and for leave to conduct the defense hearing. The Respondent initiated execution proceedings against the Applicant's property.
Issues
- Whether the firm of Oundo, Muriuki & Company Advocates is properly on record for the Applicant
- Whether the Applicant was required to seek the leave of court prior to filing this appeal
- Whether the Application is merited
Reasoning
The court found that the firm of Oundo, Muriuki & Company Advocates was properly on record for the Applicant, as the change of advocate was not required to be sanctioned by the court. The court also held that the Applicant was not required to seek leave of court prior to filing the appeal.
Outcome
The notice of motion and appeal are struck out with costs to the Respondent.
Orders
- Notice of motion dated 21st December, 2019 and the appeal filed on 23rd December, 2019 are hereby struck out with costs to the Respondent.
Authorities cited
Cases cited (6)
- Simon Barasa Obiero v Jackson Onyango Obiero (2016) eKLR
- Peter Ludasia Makokha v Theresia Hudson, Busia H.C. Civil Appeal No. 18 of 2015
- Nyutu Agrovet Ltd V Airtel Networks Limited (2015) eKLR
- Nova Chemicals Ltd vs Alcon International Ltd HC MISC APPL 1124/2002
- Edith Wairimu Njoroge V Brooks Holdings Co. Limited & Another (2018) eKLR
- Major Law Lexicon, Volume 4
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