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ELCPartially AllowedNot stated in the judgment as provided· [2025] KEELC 7272 (KLR)

Kimuri Housing Company Limited & another v Skys Displays Limited & 3 others; Gallant Worldwide Auctioneers (Interested Party) (Environment and Land Case 513 of 2014) [2025] KEELC 7272 (KLR)

Environment and Land Court
23 October 2025
3,857 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed a change of lawyers after judgment but refused to revive a land suit dismissed three years earlier due to unexplained inaction.

What this practically means

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Executive summary

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The Plaintiffs, through a Notice of Motion dated 15th May 2025, sought leave for the firm of SNW & Company Advocates to come on record post judgment and reinstatement of their suit, which had been dismissed for want of prosecution on 22nd March 2022. The application was prompted by a proclamation and warrants of attachment issued in execution of a decree for Kshs. 7,373,910, being costs taxed on 27th October 2023 in the 1st Defendant's favour. The 2nd Plaintiff attributed her inaction to ill-health and alleged she was never served with the Bill of Costs, contending that service was effected upon the firm of Laichena Mugambi & Ayieko Advocates, whom she denied instructing. The 1st Defendant maintained that service was properly effected and that the application was an afterthought designed to frustrate execution. The court framed two issues: leave to come on record post judgment, and reinstatement. On the first, applying Order 9 Rule 9, leave was granted as the procedure had been complied with and no objection was raised. On reinstatement, invoking Order 10 Rule 11 and Order 12 Rule 7, the court held the plaintiffs failed to show sufficient cause: the claim of ill-health was unsupported by medical evidence, and the three-year delay was unexplained, offending Article 159(2)(b). The court noted the irregularity in the Notice of Change of Advocates but declined to rule on the taxation for want of a specific prayer. The application was found partially merited: leave granted, reinstatement refused, each party to bear their own costs.

Key legal issues

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01

Leave for incoming advocates post-judgment

Holding

Leave granted; procedure under Order 9 Rule 9 complied with and no objection raised

Reasoning

The court held that a litigant is entitled to representation by an advocate of choice, but post-judgment change requires leave under Order 9 Rule 9. Since the suit had been dismissed and former advocates had ceased acting, the incoming firm fell within Order 9 Rule 9. Compliance with the prescribed procedure was evident and no objection was raised, so leave was granted.

p. 6
02

Reinstatement of suit dismissed for want of prosecution

Holding

Refused; plaintiffs failed to demonstrate sufficient cause

Reasoning

Relying on Order 10 Rule 11 and Order 12 Rule 7, the court held reinstatement is discretionary and requires sufficient cause. Ill-health was unsupported by medical evidence; delay of three years was unexplained; after counsel ceased acting the duty lay with the plaintiffs. Reinstatement would prejudice the defendant who had executed taxed costs and offend Article 159(2)(b).

p. 7
03

Validity of service of taxation proceedings

Holding

The court noted the irregularity that the firm of Laichena Mugambi & Ayieko was not properly on record, but declined to make orders as no specific relief was sought

Reasoning

Although plaintiffs alleged service upon wrong parties invalidated the taxation, no prayer was made to set aside the taxation ruling or the ensuing proceedings. The court observed the Notice of Change of Advocates was not accompanied by leave or consent under Order 9 Rule 9, but said no more on the matter for want of a specific prayer.

p. 8

Legal principles established

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  • Where judgment has been entered, a change of advocates can only be effected with leave of the court under Order 9 Rule 9 of the Civil Procedure Rules
  • Discretion to set aside or reinstate is exercised to avoid injustice from accident, inadvertence or excusable mistake, not to assist deliberate obstruction
  • Once counsel ceases acting, the duty to appoint another advocate or appear in person lies on the litigant

Court orders

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  1. 1.Leave granted to the firm of SNW & Company Advocates to come on record for and on behalf of the Plaintiffs post judgment
  2. 2.Prayer for reinstatement of the suit disallowed
  3. 3.Each party shall bear their own costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A
  • Civil Procedure RulesOrder 46 Rule 6(2)
  • Civil Procedure RulesOrder 9 Rule 9
  • Civil Procedure RulesOrder 10 Rule 11
  • Civil Procedure RulesOrder 12 Rule 7
  • Constitution of Kenya, 2010Articles 50, 2(4), 159, 159(2)(b)

Cases cited (8)

  • Philip Kiptoo Chemwolo & Another vs Augustine Kubende
    [1986] eKLR
  • John Nahashon Mwangi vs Kenya Finance Bank Limited (In liquidation)
    [2015] eKLR
  • Tobias M. Wafubwa vs Ben Butali
    [2017] KECA 142 (KLR)
  • Kazungu Ngari Yaa vs Mistry V Naran Mulji & Co.
    [2014] eKLR
  • Shah vs Mbogo & Another
    (1967) EA 116
  • Richard Ncharpi Leiyagu vs Independent Electoral Boundaries Commission & 2 others
    [2013] eKLR
  • Patriotic Guards Limited vs James Kipchirchir Sambu
    [2018] eKLR
  • Hon Attorney General vs the Law Society of Kenya & Another, Civil Appeal (Application) No. 133 of 2011
    unreported
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Order 46 Rule 6(2) of the Civil Procedure Rules; Articles 50 and 2(4) of the Constitution

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, "Kimuri Housing Company Limited & another v Skys Displays Limited & 3 others; Gallant Worldwide Auctioneers (Interested Party) (Environment and Land Case 513 of 2014) [2025] KEELC 7272 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7272/eng@2025-10-23

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