MARNIER PIERRE ANDRE ROGER v ALEX MUTHAMI NDUNGI [2011] KEHC 3880 (KLR)

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

R U L I N G

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 11thday of  FEBRUARY 2011.

M. K. IBRAHIM

J U D G E