Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedELC NO. 86 OF 2019

Georgopoulou (Formerly Stavroula Rousalis) v Denancy Investments Ltd & 8 others (Environment and Land Case 86 of 2019) [2026] KEELC 4303 (KLR)

Environment and Land Court
13 July 2026
2,985 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court in Makueni dismissed a defendant's attempt to change lawyers and overturn a judgment, finding the move was a delaying tactic.

What this practically means

#

Executive summary

#
The 1st Defendant moved the court by Notice of Motion dated 17th December 2025 seeking leave for Nyamwaro & Company Advocates to come on record in place of Rene & Hans Advocates LLP, setting aside the judgment of Hon. T. Murigi delivered on 7th May 2025, and a fresh hearing. It argued it had relied on Rene & Hans' representation that a stay had been granted and only learned of the ex parte proceedings of 22nd November 2022 and the judgment in November 2025. The Plaintiff opposed, contending Rene & Hans were never on record, Otwal & Manwa Associates remained the advocates on record, and that the 1st Defendant knew of the proceedings, as it swore in the Court of Appeal that the ELC had denied it audience and closed its case. The court framed three issues. First, it refused leave to come on record, holding that Rene & Hans were never properly on record and allowing the change would be null and void under Order 9 Rule 9. Second, it declined to strike out the Plaintiff's replying affidavit sworn by her advocate, applying Pattni v Nasir Ibrahim Ali, as the averments concerned the chronology of proceedings within the advocate's knowledge. Third, it declined to set aside the judgment: service was proved, the 1st Defendant's own affidavit in the Court of Appeal demonstrated knowledge of the 22nd November 2022 proceedings, and the application was an afterthought intended to derail execution. Relying on Shah v Mbogo, CMC Holdings, Habo Agencies and Savings and Loans, the court dismissed the application with costs to the Plaintiff.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether leave ought to be granted to the firm of Nyamwaro & Company Advocates to come on record for the 1st Defendant
  2. 2.Whether the Plaintiff's replying affidavit is defective
  3. 3.Whether the Applicant has met the threshold for setting aside of the judgment delivered on 7th May, 2025

Key legal issues

#
01

Whether leave should be granted for a change of advocates post-judgment

Holding

Leave was refused because the outgoing firm, Rene & Hans Advocates LLP, was never properly on record; Otwal & Manwa Associates remained the advocates on record.

Reasoning

Order 9 Rule 9 requires a court order or consent to effect a change of advocates after judgment. The court found no notice of change of advocates on record establishing that Rene & Hans had been duly appointed. Allowing the incoming firm to replace a firm not duly appointed would be null and void.

p. 6
02

Whether the Plaintiff's replying affidavit sworn by her advocate was defective

Holding

The affidavit was not defective; the averments concerned the chronology of proceedings within the advocate's knowledge by virtue of his participation.

Reasoning

Applying Kamlesh Mansukhlal Damji Pattni v Nasir Ibrahim Ali, there is no express prohibition against an advocate deposing to facts within his own knowledge or where the client is not readily available. The Applicant failed to identify specific offensive averments or paragraphs outside the advocate's knowledge.

p. 7
03

Whether the ex parte judgment of 7th May 2025 should be set aside

Holding

The application was dismissed: the 1st Defendant was served, knew of the proceedings as shown by its own Court of Appeal affidavit, and the application was an afterthought.

Reasoning

Under Order 12 Rule 7 the court has discretion to set aside judgments entered in absence of a party on just terms, guided by Shah v Mbogo and CMC Holdings. Service through Otwal & Manwa Associates was proved, and the 1st Defendant's Director swore in the Court of Appeal that the ELC had heard the suit on 22nd November 2022, contradicting the claim of ignorance. The explanation of non-communication was unsatisfactory.

p. 9

Legal principles established

#
  • A change of advocates after judgment cannot take effect without a court order or consent, and leave cannot be granted in favour of an incoming firm where the outgoing firm was never properly on record.
  • An advocate may swear an affidavit on contested matters where the facts are within his own knowledge or the client is not readily available and sources are disclosed.
  • The discretion to set aside ex parte proceedings is not available to a litigant who deliberately sought to obstruct or delay the course of justice.

Court orders

#
  1. 1.The prayer for leave for the firm of Nyamwaro & Company Advocates to come on record for the 1st Defendant is disallowed
  2. 2.The Plaintiff's affidavit in reply is found not defective to warrant striking out
  3. 3.The application dated 17th December, 2025 is dismissed with costs to the Plaintiff

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 25(c), 48 and 50 of the Constitution; Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act; Order 9 Rules 9 and 10, Order 10 Rule 11 and Order 51 of the Civil Procedure Rules

Relief refused

#

Leave for Nyamwaro & Company Advocates to come on record in place of Rene & Hans Advocates LLP

Rene & Hans Advocates LLP was never on record; Otwal & Manwa Associates remained the advocates on record and no notice of change was filed

p. 6

Setting aside of the judgment delivered on 7th May 2025 and a fresh hearing

The 1st Defendant knew of the 22nd November 2022 proceedings, having sworn an affidavit to that effect in the Court of Appeal; the application was an afterthought meant to derail execution

p. 9

Costs

The application dated 17th December, 2025 is dismissed with costs to the Plaintiff.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot is that the application dated 17 th December, 2025 is totally devoid of merit. Accordingly, it is dismissed with costs to the Plaintiff.
p. 11final orders - dismissal of the application
This court cannot issue an order improperly allowing the firm of Nyamwaro & Company Advocates to come on record in place of a law that had not been duly appointed to act for the 1 st Defendant. Such action would be null and void.
p. 6change of advocates under Order 9 Rule 9
This discretion is intended so to be exercised to avoid injustice or hardship resulting from accident, inadvertence, or excusable mistake or error, but is not designed to assist the person who has deliberately sought, whether by evasion or otherwise, to obstruct or delay the course of justice.
p. 9limits of discretion to set aside ex parte judgment
It is therefore indisputable that the present application to set aside proceedings and judgment has been made as an afterthought and is unquestionably meant to derail the execution of decree by the Plaintiff and cause further hardship.
p. 9afterthought and indolence
Courts have always emphasized that parties have a responsibility to show interest in and to follow up their cases even when they are represented by counsel.
p. 10litigant's duty to follow up its case

Issues in the judgment

#
minor

Chronology anomaly: the supporting affidavit is described as sworn on 28th November 2022 yet also described in the replying affidavit as sworn on 28th November, 2022 in support of the Court of Appeal application, while the notice of motion is dated 17th December 2025 and ruling delivered 13th July 2026; dates such as '2nd June, 2026' further affidavit and submissions appear internally consistent but the sequence spans unusual periods

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Georgopoulou (Formerly Stavroula Rousalis) v Denancy Investments Ltd & 8 others (Environment and Land Case 86 of 2019) [2026] KEELC 4303 (KLR)", Case Analysis (2026). ELC NO. 86 OF 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4303/eng@2026-07-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.