Njoka v Eustace & another (Environment & Land Case E005 of 2024) [2024] KEELC 6322 (KLR)
The bottom line
#The Environment and Land Court in Chuka struck out an appeal because the new lawyer came on record after judgment without court leave or the previous lawyer's consent.
What this practically means
#Executive summary
#Key legal issues
#Preliminary objection on change of advocates post-judgment
A party cannot change advocates or have a new advocate come on record after judgment without an order of the court upon application or upon consent filed; non-compliance renders the pleadings filed by the new advocate improperly on record.
The court restated the Mukisa Biscuit test, found the objection raised a pure point of law, confirmed from the record that Waklaw Advocates acted at trial and that neither consent nor leave was obtained for Ndung'u Gicuhi & Co. Advocates, and therefore held the firm not properly on record.
Legal principles established
#- Leave of court must be obtained, either by application with notice to all parties or by consent of the outgoing advocate, before an advocate comes on record post-judgment under Order 9 rule 9 of the Civil Procedure Rules
Court orders
#- 1.The preliminary objection dated 19th April, 2024 is allowed
- 2.The appeal and the application dated 21st March, 2024 are struck out with costs to the respondents
- On appeal from
- Chief Magistrate's Court, Chuka
- CMC ELC No. 60 of 2018
- Jurisdiction invoked
- First appeal under the Civil Procedure Act and Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoka v Eustace & another (Environment & Land Case E005 of 2024) [2024] KEELC 6322 (KLR)", Case Analysis (2024). Chuka CMCC ELC No. 60 of 2018 (appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6322/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.