Matumbi & another v Muriuki & another; Equity Bank (Kenya) Limited (Interested Party)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the incoming firm of advocates should be granted leave to come on record after judgment
Leave was granted since the application was unopposed and Order 9 Rule 9 was satisfied.
The court noted the incoming advocates came on record after delivery of judgment and thus required leave under Order 9 Rule 9. The rule permits leave upon application with notice to all parties or upon consent. The prayer was not contested as the application was unopposed, so leave was granted in terms of prayer 2.
Whether the unopposed application for registration of the mutation form should be allowed
The application was allowed in terms of prayers 2, 4 and 5, enabling registration of the mutation form without the original title deed.
Despite service on the outgoing advocates and the interested party, no response was filed, so the applicants' evidence was uncontroverted. The court reasoned that decree holders should enjoy the fruits of their judgment and allowed the application in terms of prayers 2, 4 and 5, with each party bearing their own costs.
Legal principles established
#- Where there is a change of advocate after judgment, leave of the court is required under Order 9 Rule 9 of the Civil Procedure Rules, and such leave may be sought together with other prayers under Rule 10.
Court orders
#- 1.Leave granted to the firm of M/s Mwirigi Kaburu & Co Advocates to come on record for the plaintiffs in place of M/s Mithega & Kariuki Advocates (prayer 2)
- 2.The Land Registrar, Meru Central Lands Registry ordered to dispense with production of the original title deed for LR No Kiirua/Naari/1105 while registering the mutation form (prayer 5)
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A, 34 & 63(e) of the Civil Procedure Act and Order 9 Rules 9 & 51(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Matumbi & another v Muriuki & another; Equity Bank (Kenya) Limited (Interested Party)", Case Analysis (2023). Environment & Land Case 74 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18124/eng@2023-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.