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JudgmentBURTON NDADEMA VS TERESA WAIRIMU MUTURI1 min read

BURTON NDADEMA VS TERESA WAIRIMU MUTURI

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. The issue at hand is whether the Memorandum of Appeal dated 25th March, 2025 and the pending application dated 25th March, 2025 were filed by an Advocate who was properly on record.
  2. The Appellant/Applicant has presented the Consent of change of advocates executed on the 14th April, 2025 by the previous counsel Kamau Lagat and his firm.
  3. Looking at the documents and in particular the Memorandum of Appeal dated 25th March, 2025 and the Consent dated 14th April, 2025, it is clear that the Memorandum of Appeal was filed before the Consent was executed and filed in court on the 14th April, 2025.
  4. Consequently, the Memorandum of Appeal was filed by a Counsel who was not properly on record and is struck out.
  5. The Respondent is awarded costs only on the application dated 25th March, 2025 and there will be no costs on the main appeal as the same was yet to be heard.
  6. This file is hereby closed.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Kigen for the Applicant

Defendant: Mr. Osewe for the Respondent

    BURTON NDADEMA VS TERESA WAIRIMU MUTURI BURTON NDADEMA VS TERESA WAIRIMU MUTURI