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ELCAllowedELC No 115 of 2019· [2024] KEELC 814 (KLR)

Shah & 6 others v Ngunyangi & Munene (Sued as the Legal Representatives of Ben Ngunyangi Iragu - Deceased) & 4 others (Environment & Land Case 115 of 2019 & 519 of 2013 & Civil Case 317 of 2011 (Consolidated)) [2024] KEELC 814 (KLR)

Environment and Land Court
21 February 2024
MNMwangi Njoroge
1,057 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court allowed two agents with powers of attorney to represent absentee owners in a long-running land dispute, without opposition.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Malindi (Mwangi Njoroge, J) determines a notice of motion dated 12/6/2023 by which the plaintiffs, Girish Vaghji Shah and Vipul Patel, sought approval and recognition of Joseph Chege Muthama and Albert Gatimuh Nderitu as their recognized agents under Order 9 Rule 2 of the Civil Procedure Rules 2010, to make applications, enter appearance and testify on their behalf. The suit, originally HCC No 12 of 2002, was transferred to the ELC as ELC No 115 of 2019 and consolidated with HCCC No 317 of 2019 and Nakuru CMCC No 1074 of 2013. The plaintiffs, who relocated to Australia, had registered general powers of attorney over their interest in Nakuru Municipality Block XVIII/48 in favour of the two agents on 26/6/2013, and the agents had been swearing affidavits in the proceedings. The application, founded on Sections 1A, 1B and 3A of the Civil Procedure Act and Order 9 Rule 2 and Order 51 Rule 1 of the Civil Procedure Rules, was not opposed and no submissions were filed by any party. The court noted it had stood down PW1 on 31/5/2023 to allow the application. Allowing the application, the judge approved and recognized the two attorneys as agents of the plaintiffs, ordered the applicants to bear the costs of the application, and directed a mention before the ELC at Nakuru on 27/3/2024 for further directions.

Key legal issues

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Approval of recognized agents under Order 9 Rule 2

Holding

The court approved and recognized the two attorneys as recognized agents of the non-resident plaintiffs for making applications, entering appearance and testifying.

Reasoning

The court applied Order 9 Rule 2(a), which allows persons holding powers of attorney to act as recognized agents subject to court approval in a particular suit. The plaintiffs reside in Australia and hold general powers of attorney over their interest in Nakuru Municipality Block XVIII/48, registered on 26/6/2013. The application was unopposed, with no submissions filed by either party, and the court had stood down PW1 on 31/5/2023 precisely to allow this application.

p. 3

Legal principles established

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  • Persons holding powers of attorney may act as recognized agents of parties subject to approval by the court in any particular suit under Order 9 Rule 2 of the Civil Procedure Rules.

Court orders

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  1. 1.The Court approves and recognizes Joseph Chege Muthama and Albert Gatimuh Nderitu as agents for Girish Vaghji Shah and Vipul Patel, respectively the Plaintiffs in ELC No 115 of 2019, for purposes of making applications, entering appearance and testifying on behalf of the said Plaintiffs in this matter
  2. 2.The applicants shall bear the costs of the instant Application
  3. 3.The matter shall be mentioned before the ELC at Nakuru on 27/3/2024 for further directions
Jurisdiction invoked
Sections 1A, 1B, 3A, Order 9 Rule 2 and Order 51 Rule 1 of the Civil Procedure Rules 2010

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, "Shah & 6 others v Ngunyangi & Munene (Sued as the Legal Representatives of Ben Ngunyangi Iragu - Deceased) & 4 others (Environment & Land Case 115 of 2019 & 519 of 2013 & Civil Case 317 of 2011 (Consolidated)) [2024] KEELC 814 (KLR)", Case Analysis (2024). ELC No 115 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/814/eng@2024-02-21

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