PHILLIP NGUMO GACHOKA V. JEREMIAH WATANI WILLIAM NGATIA & KENYA COMMERCIAL BANK

RULING

The Plaintiff in this case was represented by the firm of Waweru Macharia advocate when the case came up for hearing on 15^th October 2004. On that day on his advocate being refused an adjournment he proceeded to withdraw the Plaintiff’s claim. The Plaintiff by a Notice which although undated but was filed in court on 11^th May 2006 gave notice to act in person. The Plaintiff subsequently obtained representation from the firm of Gacheche wa Miano who filed a Notice of Appointment of Advocate dated 23^rd of October 2006. The said advocate when this matter came up on 17^th September 2007, sought to argue a Notice of Motion dated 19^th April 2006 which had been filed by the Plaintiff in person. That application seeks the reinstatement of the plaint which was withdrawn on 15^th October 2004. The Defendant’s counsel raised a preliminary objection in the following terms:

1. THAT application offends the provisions of OIII Rule 9A Civil Procedure Act and Rules.

2. THAT the application is otherw…