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)
The bottom line
#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
#Executive summary
#Key legal issues
#Leave for incoming advocates post-judgment
Leave granted; procedure under Order 9 Rule 9 complied with and no objection raised
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.
Reinstatement of suit dismissed for want of prosecution
Refused; plaintiffs failed to demonstrate sufficient cause
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).
Validity of service of taxation proceedings
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
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.
Legal principles established
#- 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
#- 1.Leave granted to the firm of SNW & Company Advocates to come on record for and on behalf of the Plaintiffs post judgment
- 2.Prayer for reinstatement of the suit disallowed
- 3.Each party shall bear their own costs
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.