Editorial Summary 1. Civil Appeal Miscellaneous 2. Civil Practice & Procedure 3. Representation 4. Application 4th February 2012 5. i) Leave to come on record. ii) Former firm of advocates have dissolved. iii) Applicant seek change of advocates i) Advocate must at all times disclose the Held: correct facts to court even if prejudicial. ii) 6. Case Law: Application granted.
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7. Advocates : i) B.M. Kuria holding brief for Otieno B.O. instructed by M/s Mohammed Madhani & Co Advocates for appellant/ original defendant. ii) respondent/original plaintiff Muyundo instructed by D. W. Muyundo & Co Advocates for REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Appeal 66 of 2008 SOCFINAF & CO. LTD ………………………….….… APPELLANT/ ORIGINAL DEFENDANT VERSUS REGINA SYOMBUA KIIO .…….......………….………. RESPONDENT/ ORIGINAL PLAINTIFF (Being an appeal arising from the Judgment of Hon. A. Lorot (Senior Resident Magistrate) in Case No. 511 of 2004 dated 10th January 2008 at Gatundu) RULING Application to come on record I. BACKGROUND
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1. The respondent original plaintiff wishes to change advocate after judgment. 2. By an application of 4th February 2012, orders were sought under Order 9 rule 9(a) to permit the applicant engage a new advocate. 3. It transpired during the hearing of the application, that the former firm of advocates had dissolved. There was therefore no one to serve as the firm did not exist. 4. The respondent appellant had no objection to the application. II FINDINGS 5. Where a firm of advocates does not exist, it has the same effect as to where one is a sole practitioner and or has passed away or is bankrupt. Full disclosure must always be made. 6. The litigant should first come on record and thereafter the new advocate seeks to file a notice of appointment. 7. I believe that is the best way to deal with the matter. 8. In the meantime, the application is hereby granted. Leave be and is hereby given for the advocate to come on record in this matter. DATED THIS 26TH DAY OF MARCH 2012 AT NAIROBI M.A. ANG’AWA JUDGE Advocates : i) B.M. Kuria holding brief for Otieno B.O. instructed by M/s Mohammed Madhani & Co Advocates for appellant/ original defendant. ii) Muyundo instructed by D. W. Muyundo & Co Advocates for respondent/original plaintiff
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