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…DEFENDANT R U L I N G ALII MARO HERO (the plaintiff) instituted this case against DOYO GUYU ( the defendant) through a plaint drawn and filed on the 12th May 2003 by M/s Mungatana & Co Advocates, praying for a declaration…

…The defendant, through Ms BEN OCHIENG & CO ADVOCATES, filed a defence in which he pleaded that this court has no jurisdiction to hear and determine this suit or to grant the reliefs sought by the plaintiff pursuant to the…

…The grounds upon which this application is brought are as follows:- “a) The delay in filing the Notice of Appeal was caused by the fact that the firm of Kimani & Michuki Advocates was required to formally apply for leave…

…to go on record in place of the previous Advocates M/s.…

…Responding to the Plaintiff’s Advocates submission that the first Defendant had not filed an affidavit, he stated that there was no law which required one Defendant not to swear an affidavit on his behalf and on behalf of…

…Paragraph (d) of the consent is also a clear pointer that the parties and their advocates anticipated that they would go on with the suit and that is why they recorded that “costs of the application be in the suit”.…

…Kinyanjui Advocate and have sworn affidavits sworn on 21/10/03, 20/8/99 and 29/12/99.…

…Harrison Kinyanjui Advocate states that he was acting for the respondents. I have not come across any notice where Mr. Kinyanjui has ceased to act for both respondents.…

…They have annexed a letter dated 20th January, 1981 by the deceased to his Advocates M/s Wambu and Wambu Advocates stating the Peter Kimani to pay all the outstanding loans on the Kiambu property and Ndumberi/Riabai/464 so…

…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…

…The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…

…When the summons came upon for interpartes hearing the parties’ advocates agreed by consent not to argue the application but left it to this court to make a decision on the basis of the application and affidavits for or against…

…A person elected may at any time after he is elected send or leave at the office of the Registrar a notice in writing signed by him, or on his behalf, appointing an advocate to act as his advocate in case there should be…

…In the present case the petitioner through his own affidavit and that of this advocate Moses Gitau it is shown that such a notice appeared in the Gazette No 687 V C10 of 31/1/2003.…

…The defendants on their part did not offer any evidence but their advocates filed written submissions.…