Woo & another v Chogo and Kirogo (Suing as the legal representatives of the estateof the deceased Julius Kahindi Kalu) (Civil Appeal 4 of 2021) [2022] KEHC 3389 (KLR) (25 April 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3389
- Citation
- [2022] KEHC 3389 (KLR)
- Decided
- 25 April 2022
The court found that the present counsel for the appellants was improperly on record and struck out the application for being incompetent.
Facts
The appellants sought orders to release a motor vehicle registration number KCB 025H Toyota Noah from Misa Mugaro Auctioneers, pending the hearing and determination of the appeal. The respondent argued that execution was a lawful process and that the appellants should not be deprived of the fruits of judgment due to an appeal being preferred.
Issues
- Whether the present counsel is properly on record.
- Whether the present application is res judicata.
- Whether the present application is sub judice.
- Whether this court has jurisdiction to determine the present application.
- Whether the Appellants are entitled to the orders sought.
Reasoning
The court ruled that the change of advocates did not necessitate the need to obtain leave of court, as the appeal was filed by the same advocates representing the appellants at trial. The court also found that the application was improperly on record.
Outcome
The application was struck out.
Orders
- The application was struck out.
- The court ordered the release of the subject motor vehicle registration number KCB 025H Toyota Noah to the 2nd appellant/applicant pending the hearing and determination of the appeal.
Authorities cited
Legislation (2)
- Order 9 rule 9 of the Civil Procedure Rules, 2010
- Order 22 rule 64 of the Civil Procedure Rules
Cases cited (3)
- S.K Tarwadi v Veronica Muehlemann [2019] eKLR
- James Wangalwa & another v Agnes Naliaka Cheseto [2012] eKLR
- Nadeem A Kana v Lucy Wambui Mwangi [2021] eKLR
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