FNH V. HOUSING FINANCE COMPANY OF KENYA LIMITED & WATTS ENTERPRISES LIMITED

RULING OF THE COURT

[1] This is a Notice of Motion Application dated 23rd December 2019, and filed on the 23rd of January 2020, where the Applicant, the firm of Taib A. Taib seeks determination of the status of representation by counsel in a cause pending before this court. The proceedings at this stage, therefore, only concern the preliminary question of representation.

[2] The Applicant herein, FNH, was the registered proprietor of ‘the suit property’ L.R. No ****** - a residential house situated within Runda Estate Nairobi.

[3] On 23rd February 2003, the Applicant drafted and executed a Power of Attorney appointing Sharok Kher Mohamed Ali Hirji as his legal representative. in relation to the suit property, which power of attorney was filed with the Register of Powers of Attorney on the 17th of March 2003 as No. P/A 37723/1.

[4] It is by virtue of the said Power of Attorney that Sharok Kher Mohamed Ali Hirji had the authority to act for and on behalf of the Applicant and Original Respon…