First Community Bank Limited v Samiras Development Co. Ltd, Suleiman Mohamed Ali, Mohamed Issack Noor & Mahadi Energy Limited [2020] KEHC 1227 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

COMMERCIAL AND TAX DIVISION

HCCC NO. E065 OF 2019

FIRST COMMUNITY BANK LIMITED.........................................................PLAINTIFF

-VERSUS-

SAMIRAS DEVELOPMENT CO. LTD................................................1ST DEFENDANT

SULEIMAN MOHAMED ALI...............................................................2ND DEFENDANT

MOHAMED ISSACK NOOR.................................................................3RD DEFENDANT

MAHADI ENERGY LIMITED..............................................................4TH DEFENDANT

RULING

1. Through the application dated 25th August 2020, the plaintiff/applicant seeks orders that: -

1. That, the firm of ISSA & COMPANY ADVOCATES be granted leave to come on record on behalf of the plaintiff in place of the firm of Kenyariri & Associates Advocates.

2. That costs of the application be in cause.

2. The application is supported by the affidavit of the applicant’s advocate Mr. Mansur Muathe Issa and is premised in the grounds that: -

1. That the suit against the Defendants was filed on 4th April 2019 by the firm of Kenyariri & Associates acting on behalf of the plaintiff.

2. That on 29th April 2019, the Honourable court entered judgment against the Defendants for the sum prayed for in the plaint together with a return rate of 14% per annum.

3. That on 29th July 2020, the firm of Issa & Company Advocates received instructions to act on behalf of the plaintiff in place of the firm of Kenyariri & Associates Advocates.

4. That, by a letter dated 4th August 2020 the firm of Issa & Company Advocates wrote to the firm of Kenyariri & Associates to enquire whether they had any objection and whether the consent could be filed to effect the change.

5. That the letter further requested the firm of Kenyariri & Associates Advocates to release the respective files to enable the firm of Issa & Company Advocates to file a notice of change of advocates.

6. That by an email dated 14th August 2020, the firm of Kenyariri & Associates wrote to the firm of Issa & Company Advocates objecting to come on record for the plaintiff.

7. That as judgment has been entered the leave of this honourable court is required before the notice of change of advocates is filed.

8. That it is proper and just for the firm of Issa & Company Advocates to be granted leave to come on record.

3. The application was not opposed by the respondents and the applicant’s former advocates on record.  At its hearing, the applicant’s advocate Miss Agwata urged the court to allow it as prayed.

4. I have perused the affidavit of service dated 26th October 2020 and I am satisfied that the law firms of Prof. Albert Mumma & co. and Kenyariri & Associates were duly served with both the application and the hearing notice. Consequently, I allow the application as prayed. I also direct that the ruling herein shall apply to the other related matters before me being; HCCOM. E69 and E70 of 2019.

Dated, signed and delivered via Microsoft Teams at Nairobi this 3rd day of December 2020in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.

W. A. OKWANY

JUDGE

In the presence of:

Miss Agwata for Issa for Plaintiff/Applicant.

No appearance for Defendants.

Court Assistant: Sylvia