Pampa Grill Limited & Pampa Churrascaria (Under Administration) Limited v North Lake Limited & Buena Bizz Limited (Environment & Land Case 73 of 2018) (Environment and Land) [2021] KEELC 3708 (KLR)
The bottom line
#A Kenyan court ruled that changing lawyers is legally ineffective until the new lawyer's notice is filed and served on all parties, so the old lawyer remained on record.
What this practically means
#Executive summary
#Key legal issues
#Which firm of advocates was lawfully on record for the defendants at the time of hearing and reservation of judgment
Masore Nyang'au & Co. Advocates remained the advocates on record because the notice of change of advocates by W.G. Wambugu & Co. Advocates was never served on the plaintiffs' advocates as required by Order 9 rules 5 and 6
Order 9 rule 5 provides that a party may change advocates without a court order, but until a notice of change is filed and served under rule 6, the former advocate is deemed to remain on record until the conclusion of the matter. The notice of change of advocates was served on Masore Nyang'au & Co. Advocates but not on Mutua Nyongesa & Muthoka Advocates for the plaintiffs. The court therefore had no discretion: the former firm remained on record as far as the plaintiffs were concerned, service on it was effective, and the proceedings were regular.
Whether the hearing and proceedings conducted on the basis of service on Masore Nyang'au & Co. Advocates were regular
The proceedings were regular because the firm lawfully on record was duly served with the hearing notice, mention notices and closing submissions
Since the court found that Masore Nyang'au & Co. Advocates was the firm lawfully on record by operation of Order 9 rule 5, service of the hearing notice, mention notices and closing submissions on that firm satisfied the requirements of regular service. There was therefore no irregularity in proceeding to hear the suit in that firm's presence on record, and no basis to set aside the hearing or withhold the reserved judgment.
Legal principles established
#- Unless and until a notice of change of advocates is filed in court and served on every other party in accordance with Order 9 rules 5 and 6 of the Civil Procedure Rules, the former advocate remains the advocate of the party until the final conclusion of the cause or matter
- A party giving a notice of change of advocates must serve a copy of the notice, endorsed with a filing memorandum, on every other party to the cause or matter and on the former advocate
Court orders
#- 1.A finding that the firm of Masore Nyang'au & Co. Advocates was lawfully on record for the defendants as at the time the suit was heard and judgment reserved
- 2.The judgment pending in the matter to be delivered on 10th June, 2021 at 9.00am
- Jurisdiction invoked
- Original civil suit under the Civil Procedure Act and Rules; matter came before the court as a first-instance suit fixed for judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pampa Grill Limited & Pampa Churrascaria (Under Administration) Limited v North Lake Limited & Buena Bizz Limited (Environment & Land Case 73 of 2018) (Environment and Land) [2021] KEELC 3708 (KLR)", Case Analysis (2021). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3708/eng@2021-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.