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ELCOtherNot stated in the excerpt· [2021] KEELC 4304 (KLR)

Pampa Grill Limited & another v North Lake Limited & another [2021] KEELC 4304 (KLR)

Environment and Land Court
11 February 2021
SOS. OKONG'O
2,070 words in judgment
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The bottom line

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A Nairobi land court paused judgment in a Kshs 98 million lease dispute because the defendants' lawyers had quietly changed, making the earlier hearing possibly unfair.

What this practically means

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Executive summary

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This is a ruling delivered by S. Okong'o, Judge of the Environment and Land Court at Nairobi on 11th February 2021, in a suit in which the plaintiffs claimed against the defendants following their forceful eviction from leased premises known as L.R No. 330/352, Nairobi. The plaintiffs sought recovery of Kshs. 37,401,998.33 spent on repairs and renovation, security deposits, December 2017 rent, loss of profits of Kshs. 61,223,995, and the value of goods stolen, destroyed or converted during the eviction, plus interest, general and punitive damages and costs. The defendants filed no defence; the suit proceeded to formal proof, where the plaintiffs called three witnesses, and judgment was fixed for 11th February 2021. However, while perusing the file for judgment, the court noticed a notice of change of advocates dated 25th April 2018 by which W.G. Wambugu & Co. Advocates took over the defendants' case from Masore Nyang'au & Co. Advocates. It was unclear whether the plaintiffs' advocates were served with that notice, and all affidavits of service indicated service on Masore Nyang'au & Co. Advocates throughout. The court held that if the hearing proceeded without notice to the advocates actually on record for the defendants, the hearing would be irregular and any judgment liable to be set aside. The court accordingly declined to deliver the pending judgment and invited both firms on record for the defendants and the plaintiffs' advocates to address it on the issue of the defendants' representation, with further directions to follow.

Key legal issues

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Whether the court could safely deliver judgment when the record disclosed a notice of change of advocates that neither the court nor the plaintiffs' advocates appeared to have been aware of

Holding

No; the issue of representation had to be determined first because an unnoticed change of advocates would render the hearing irregular.

Reasoning

While preparing the judgment the court discovered that W.G. Wambugu & Co. Advocates had come on record for the defendants on 26th April 2018, yet all affidavits of service showed service on Masore Nyang'au & Co. Advocates. If the notice of change was effective and served, the hearing proceeded without notice to the advocates actually on record, which would be irregular and liable to be set aside. Fairness required the representation question to be resolved before judgment.

p. 3

Legal principles established

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  • A judgment delivered after a hearing conducted without notice to the advocates properly on record for a party risks being set aside for irregularity.

Court orders

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  1. 1.The court declined to proceed with delivery of the pending judgment until the issue of the defendants' representation is determined
  2. 2.The firms of Mutua, Nyongesa & Muthoka Advocates for the plaintiffs and Masore Nyang'au & Co. Advocates and W.G. Wambugu & Co. Advocates for the defendants were invited to address the court on the issue of representation of the defendants
  3. 3.Upon hearing the advocates, the court will give further directions and orders regarding the pending judgment
Jurisdiction invoked
Original civil jurisdiction over the lease dispute (statutory basis not expressly stated in the excerpt)

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 & another v North Lake Limited & another [2021] KEELC 4304 (KLR)", Case Analysis (2021). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4304/eng@2021-02-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.