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Case Brief · caselaw.co.ke
Supreme CourtStruck OutPetition (Application) 6 of 2016

Manchester Outfitters Suiting Division Ltd Now Called King Woollen Mills Ltd & another v Standard Chartered Financial Services Ltd & another

Supreme Court of Kenya
12 April 2024
1,859 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Supreme Court struck out a contempt case because the lawyer was not authorized to represent the company.

What this practically means

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The Supreme Court dismissed a contempt application against two directors of Galot Industries. The company's lawyer, Ogello & Awiti, had no authority to file the case because an earlier Supreme Court ruling allowed only Havi & Company to represent the company until a High Court case decides who truly controls the company. Since that issue remains unresolved, no other lawyer can step in. The court also warned against using court processes to settle personal feuds.

Executive summary

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This ruling arises from a notice of motion filed by Galot Industries Limited seeking to commit Pravin Galot and Rajesh Galot to prison for contempt of the Supreme Court's orders of 13 June 2017 and 5 July 2018, and to declare the conduct of three advocates inconsistent with professional practice. The Supreme Court had previously ruled on 13 June 2017 that the firm of Havi & Company Advocates would represent the applicant until the High Court determined the valid directors and shareholders of the company, a matter still pending in HCCC No 298 of 2009. The applicant, through Mohan Galot, instructed the firm of Ogello & Awiti Advocates to file a Notice of Change of Advocates and the present contempt motion. The court found that the firm of Ogello & Awiti Advocates was not properly on record because the issue of directorship and shareholding remained unresolved, and the earlier ruling on representation had not been vacated. The court emphasized that the 2017 ruling related only to the present petition and did not extend to other disputes involving the applicant. The court also noted that the Civil Procedure Rules do not apply to Supreme Court proceedings. Consequently, the court struck out the motion as incompetent, describing it as a misguided venture based on misunderstanding of court processes and bad blood between the parties. The court awarded costs of Kshs 20,000 to Pravin Galot and Rajesh Galot, to be met by the firm of Ogello Awiti & Company Advocates for filing a frivolous motion.

Questions the Court framed

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

  1. 1.Whether Pravin Galot and Rajesh Galot are in contempt of the court's orders of 13 June 2017 and 5 July 2018
  2. 2.Whether the conduct of Odera Were Advocate, Kaka Kamau Advocate and Kenyatta Odiwuor Advocate is inconsistent with the practice of an advocate
  3. 3.Whether the court should order expeditious hearing of HCCC No 298 of 2009

Key legal issues

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01

Whether the firm of Ogello & Awiti Advocates was properly on record to file the contempt motion

Holding

The firm was not properly on record because the issue of directorship and shareholding of the applicant was still pending before the High Court, and the Supreme Court's earlier ruling had allowed only Havi & Company Advocates to represent the applicant until that issue was resolved.

Reasoning

The Supreme Court's ruling of 13 June 2017 allowed Havi & Company Advocates to represent the applicant subject to the High Court determining the valid directors and shareholders. Since that issue remained unresolved, no other firm could come on record without first resolving the representation question. The Notice of Change of Advocates filed by Ogello & Awiti Advocates was therefore invalid, and the motion they filed was incompetent.

02

Whether the elements of civil contempt were established against Pravin Galot and Rajesh Galot

Holding

The court did not reach the merits of the contempt application because the motion was struck out as incompetent.

Reasoning

The court declined to consider the motion on its merits because the firm that filed it was not properly on record. The court described the motion as a 'misguided venture' based on misunderstanding of the court's processes and 'bad blood between the parties.'

Legal principles established

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  • A ruling on representation in one case does not apply to other cases involving the same party.
  • The Civil Procedure Rules do not apply to Supreme Court proceedings.
  • A lawyer cannot change representation without resolving pending issues on who has authority to instruct counsel.
  • A motion filed by a lawyer not properly on record is incompetent and will be struck out.
  • Costs for a frivolous motion can be awarded against the law firm, not just the client.

Court orders

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  1. 1.The notice of motion dated 27 October 2023 and filed on 1 November 2023 is struck out.
  2. 2.Pravin Galot and Rajesh Galot are awarded the costs of the motion, as assessed by the Court of Kshs 20,000 which shall be met by the firm of M/S Ogello Awiti & Company Advocates.

The bench

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

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
Jurisdiction invoked
sections 28(1)(c),(4) and (5) of the Supreme Court Act, and rules 57 and 58 of the Supreme Court Rules 2011

Relief refused

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Order committing Pravin Galot and Rajesh Galot to prison for contempt

The motion was struck out as incompetent; the court declined to consider it on merits.

Order declaring conduct of Odera Were Advocate, Kaka Kamau Advocate and Kenyatta Odiwuor Advocate inconsistent with practice of an advocate

The motion was struck out as incompetent.

Order for expeditious hearing of HCCC No 298 of 2009

The incompetence of the motion precluded the court from issuing such an order.

Costs

Pravin Galot and Rajesh Galot are awarded the costs of the motion, as assessed by the Court of Kshs 20,000 which shall be met by the firm of M/S Ogello Awiti & Company Advocates.

Quotable passages

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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 ruling relates to the present petition and does not apply to every other dispute before other Courts that involve the applicant.
p. 5 Scope of court orders on representation
Counsel ought to know that those rules do not apply to proceedings before this court.
p. 5 Inapplicability of Civil Procedure Rules to Supreme Court
The notice of motion dated 27 October 2023 and filed on 1 November 2023 is struck out.
p. 6 Final order
Pravin Galot and Rajesh Galot are awarded the costs of the motion, as assessed by the Court of Kshs 20,000 which shall be met by the firm of M/S Ogello Awiti & Company Advocates.
p. 6 Costs order

Key timeline

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2009
High Court case HCCC No 298 of 2009 filed regarding directorship and shareholding of Galot Industries.
2017-06-13
Supreme Court allows Havi & Company Advocates to represent Galot Industries until the High Court resolves directorship.
2018-07-05
Supreme Court issues further orders in the petition.
2023-11-01
Galot Industries files notice of motion for contempt through Ogello & Awiti Advocates.
2023
Supreme Court strikes out the contempt motion as incompetent and awards costs against the law firm.

Practical implications

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For lawyers

Verify authorization before filing

Always confirm that your firm is properly on record, especially when a prior court order restricts representation. In this case, the Supreme Court directly penalized the law firm with costs for filing a motion without resolving the representation issue. Check the status of any pending directorship or shareholder disputes before taking instructions from a company.

For businesses

Resolve internal disputes first

Internal disputes over directorship can paralyze a company's ability to litigate. The Galot case shows that until the High Court decides who controls the company, only the lawyer appointed by the Supreme Court can act. Prioritize resolving ownership and management conflicts to avoid costly procedural setbacks.

For individuals

Know who can represent a company

If you are involved in a dispute with a company, understand that only a lawyer properly authorized by the court can represent it. The Supreme Court struck out a contempt case because the lawyer was not authorized. This protects individuals from being dragged to court by unauthorized representatives.

Frequently asked questions

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What happened in the Galot Industries Supreme Court case in Kenya?+

The Supreme Court struck out a contempt application against two directors because the company's lawyer was not properly authorized. An earlier ruling allowed only Havi & Company to represent the company until a High Court case resolved who controls the company.

Can any lawyer represent a company in the Supreme Court of Kenya?+

No, a lawyer must be properly on record. If a prior court order restricts representation, the new lawyer cannot file documents until that order is lifted or the underlying issue is resolved. The Civil Procedure Rules also do not apply in the Supreme Court.

What are the consequences of filing a frivolous motion in Kenyan courts?+

The court can strike out the motion and award costs against the lawyer, not just the client. In the Galot case, the law firm was ordered to pay Kshs 20,000 for filing a misguided contempt motion.

How does a directorship dispute affect a company's legal cases in Kenya?+

Until the dispute is resolved, the company may be limited to the lawyer appointed by the court. Any change of lawyers without resolving the dispute is invalid. This can delay or derail litigation, as seen in the Galot case.

Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Manchester Outfitters Suiting Division Ltd Now Called King Woollen Mills Ltd & another v Standard Chartered Financial Services Ltd & another", Case Analysis (2024). Petition (Application) 6 of 2016. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2024/10/eng@2024-04-12

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