Murkuk & another v Koros & 4 others
The bottom line
#A Kenyan court threw out a bid to revive a dismissed land suit because the new lawyers never got the court's permission to take over the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Notice of Change of Advocates should be expunged
The notice was irregular for want of leave under Order 9 Rule 9 and was struck out; the specific prayer to expunge it as a notice for the Defendants was declined because no such document existed on record.
The only notice on record, dated November 2, 2022, correctly stated the firm was taking over from S Mogere & Company for the Plaintiffs, so there was nothing to expunge on that basis. However, the suit had been dismissed on November 1, 2022, and under Order 9 Rule 9 any change of advocates after conclusion of a suit requires leave, which was neither sought nor obtained. The notice filed in reliance on Order 9 Rule 5 was therefore irregular and was struck out.
Whether the applicants were entitled to reinstatement of the suit
No - the application was filed by a firm not properly on record and was itself irregular and premature.
Having found the notice of change of advocates irregular, the court held the firm had no legal effect on representation. An application by a firm not properly on record cannot be entertained; reinstatement could only be pursued once the representation issue was resolved through a proper application for leave.
Legal principles established
#- After a suit has been concluded by dismissal, a change of advocates can only be effected with leave of the court under Order 9 Rule 9 of the Civil Procedure Rules, 2010.
- An application filed by a firm of advocates not properly on record is irregular and the court has no jurisdiction to entertain it.
Court orders
#- 1.That notice of change of advocates dated November 2, 2022 and the subsequent application dated November 2, 2022 be and are hereby struck out.
- 2.Costs of the application herein shall be borne by the applicants.
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act (suit for reinstatement and expungement of notice of change of advocates)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murkuk & another v Koros & 4 others", Case Analysis (2023). Environment & Land Case 33 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/15768/eng@2023-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.