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ELCOtherNot stated in the excerpt· [2021] KEELC 3708 (KLR)

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)

Environment and Land Court
15 April 2021
3,220 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Nairobi (S. Okong'o, J) resolves a threshold dispute concerning the defendants' representation that had blocked delivery of a reserved judgment in a first-instance suit. The plaintiffs, tenants of L.R No. 330/352, Nairobi, sued the 1st defendant (their former lessor) and the 2nd defendant (the subsequent lessee) claiming, among other reliefs, Kshs. 37,401,998.33 spent on repairs and renovation, various deposits and rent, loss of profits of Kshs. 61,223,995 and damages for an allegedly unlawful forceful eviction executed in January 2018 using ex-parte eviction orders from the Chief Magistrates Court obtained while a Business Premises Rent Tribunal order was in place. The defendants did not file a defence; the suit proceeded to formal proof and judgment was reserved. While preparing judgment, the court discovered an unserved notice of change of advocates filed by W.G. Wambugu & Co. Advocates, and directed all three firms to address it on representation. Applying Order 9 rules 5 and 6 of the Civil Procedure Rules, the court held that until a notice of change of advocates is filed and served on every other party, the former advocate remains on record. Because the notice was never served on the plaintiffs' advocates, Masore Nyang'au & Co. Advocates remained lawfully on record; service on that firm made the proceedings regular. The court directed that the pending judgment be delivered on 10th June, 2021 at 9.00am. No costs order was made.

Key legal issues

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01

Which firm of advocates was lawfully on record for the defendants at the time of hearing and reservation of judgment

Holding

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

Reasoning

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.

p. 4
02

Whether the hearing and proceedings conducted on the basis of service on Masore Nyang'au & Co. Advocates were regular

Holding

The proceedings were regular because the firm lawfully on record was duly served with the hearing notice, mention notices and closing submissions

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 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. 2.The judgment pending in the matter to be delivered on 10th June, 2021 at 9.00am

Authorities

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Legislation

  • Civil Procedure RulesOrder 9 rule 5
  • Civil Procedure RulesOrder 9 rule 6
  • Civil Procedure RulesOrder 9 rules 12 and 13
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.