1. The applicant filed the summons dated 24.5.23 under certificate of urgency seeking ;
i. Spent
ii.Joshua Odhiambo Nyamori advocate be and is hereby allowed to come on record in place of M/s Cleaveland Ayayo advocate among other orders .
2. I will deal with the issue of leave to come on record as a preliminary issue .
3. On leave to act for the applicant instead of M/s Cleaveland Ayayo advocate, the said counsel are on record for the petitioners and the grant has since been confirmed . Order 9 rule 9 of civil procedure rules provides that- When there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has been passed, such change or intention to act in person shall not be effected without an order of the court—(a)upon an application with notice to all the parties; or(b)upon a consent filed between the outgoing advocate and the proposed incoming advocate or party intending to act in person as the case may be.
4. Confirmation of grant in a succession cause is equivalent to a judgment in a civil suit. The applicant thus had a duty to serve the said M/s Cleaveland Ayayo advocate but there is no proof of service to him to give his consent for the incoming advocate to come on record as required by order 9 rule 9 of the civil procedure rules . I also note that the said advocate is acting for both parties herein . The respondent has also appointed M/s Lichuma advocates LLP to act for him without consent of the said M/s Cleaveland Ayayo advocate.
5. I order that the application be served upon the said advocate and the respondent to also seek consent of the said advocate to come on record before this court can deal with the other prayers in the application.
6. Mention on 23.9.25.
T.A ODERA
JUDGE
Mr Lichuma I hold brief for Mrs Lichuma for the respondent .
Miss MUgaza h/b for MR Nyamori and the applicant/ co administrator
i. Spent
ii.Joshua Odhiambo Nyamori advocate be and is hereby allowed to come on record in place of M/s Cleaveland Ayayo advocate among other orders .
2. I will deal with the issue of leave to come on record as a preliminary issue .
3. On leave to act for the applicant instead of M/s Cleaveland Ayayo advocate, the said counsel are on record for the petitioners and the grant has since been confirmed . Order 9 rule 9 of civil procedure rules provides that- When there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has been passed, such change or intention to act in person shall not be effected without an order of the court—(a)upon an application with notice to all the parties; or(b)upon a consent filed between the outgoing advocate and the proposed incoming advocate or party intending to act in person as the case may be.
4. Confirmation of grant in a succession cause is equivalent to a judgment in a civil suit. The applicant thus had a duty to serve the said M/s Cleaveland Ayayo advocate but there is no proof of service to him to give his consent for the incoming advocate to come on record as required by order 9 rule 9 of the civil procedure rules . I also note that the said advocate is acting for both parties herein . The respondent has also appointed M/s Lichuma advocates LLP to act for him without consent of the said M/s Cleaveland Ayayo advocate.
5. I order that the application be served upon the said advocate and the respondent to also seek consent of the said advocate to come on record before this court can deal with the other prayers in the application.
6. Mention on 23.9.25.
T.A ODERA
JUDGE
Mr Lichuma I hold brief for Mrs Lichuma for the respondent .
Miss MUgaza h/b for MR Nyamori and the applicant/ co administrator