Nationwide Finance Co Ltd v Meck Industries & another; Mwangi (Proposed Interested Party)

The court noted the Applicant filed submissions over a month late. Relying on Airtel Networks Kenya Ltd v Nyutu Agrovet Ltd, the court held that written submissions are neither obligatory nor a prerequisite, and since the Objector had the opportunity to file his own submissions, no prejudice was occasioned. Even if improper, this would not render the application unprosecuted.

Following Iway Africa Limited v Infonet Africa Limited, the court found Order 9 Rule 1 of the Civil Procedure Rules has no express provision requiring a document entitled 'Notice of Appointment of an Advocate'. The Objector's remedy regarding the advocate's employment status or ethics was to file a separate application.

Applying the Supreme Court's Muruatetu elements, the court found the Applicant's interest was clearly identifiable: he purchased the suit property at an auction conducted under the court's orders and held a sale agreement and certificate of sale. Under Order 22 Rule 79, the certificate of sale is conclusive proof of ownership, and the Applicant would be prejudiced if not enjoined.