REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 302 0F 2008 MARNIER PIERRE ANDRE ROGER …………………………..PLAINTIFF VERSUS ALEX MUTHAMI NDUNGI …………………………………..DEFENDANT RULING The Defendant entered appearance on 10.11.2010 through the firm of M/s Charles Kioko, Munyithya & Co. Advocates. On 21st the firm of Alando & Co. Advocates filed a Notice of Change of Advocates for the Defendants and also a defence on 25.11.2008. On 26th November 2008 the previous firm filed another Defence. The second defence is an abuse of the court process. It is hereby struck out as it is superfluous and filed by a firm who had no authority to do so at the time unless the notice of change by Alando & Co. Advocates is challenged. The first defence is properly on record and cannot be struck out in the circumstances, The Defendant shall pay the cost of the application dated 27.07.2009. Dated and delivered at Mombasa this 11th day of FEBRUARY 2011. M. K. IBRAHIM JUDGE
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