[2021] KECA 407 (KLR)
The court found that the requirements of Rule 23(2) of the Court of Appeal Rules had been satisfied by the advocate for the respondents, who had properly moved the court by Notice of Motion and supported the application with an affidavit. The court held that upon service of a certified copy of the order on the...
Source-derived case information.
- Citation
- [2021] KECA 407 (KLR)
- Parties
- Appellant: Abdulrazak Abdulrehman Adam; Respondent: Aslam Abdulrehman Adam; Respondent: Shahim Abdulrehman Adam; Respondent: Khatijabhai Abdulrehman Adam; Respondent: Serabanu Abdulrehman Adam
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 101 of 2019
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- Application allowed. Leave granted for counsel to cease acting for the respondents upon service of the order. No order as to costs.
- Legal Topics
- Advocate Ceasing to Act, Leave of Court, Notice of Motion, Service of Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulrazak Abdulrehman Adam
Appellant
Aslam Abdulrehman Adam
Respondent
Shahim Abdulrehman Adam
Respondent
Khatijabhai Abdulrehman Adam
Respondent
Serabanu Abdulrehman Adam
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether counsel for the respondents should be granted leave to cease acting for the respondents in the appeal.
- 2 What is the effect of service of the order on the respondents.
Ratio Decidendi
The court found that the requirements of Rule 23(2) of the Court of Appeal Rules had been satisfied by the advocate for the respondents, who had properly moved the court by Notice of Motion and supported the application with an affidavit. The court held that upon service of a certified copy of the order on the respondents, the advocate would be deemed to have ceased acting for them. There was no opposition to the application, and the court saw no reason to deny the advocate's request. Accordingly, the application was allowed, and the advocate was granted leave to cease acting for the respondents upon service of the order.
Court Disposition
Application allowed. Leave granted for counsel to cease acting for the respondents upon service of the order. No order as to costs.
Orders
- Counsel for the respondents be deemed as having ceased to act for the respondents on service upon the four respondents of this order.
- There be no orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: DR. K. I. LAIBUTA, J.A. (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 101 OF 2019
BETWEEN
ABDULRAZAK ABDULREHMAN ADAM.........................................................APPELLANT
AND
ASLAM ABDULREHMAN ADAM..............................................................1stRESPONDENT
SHAHIM ABDULREHMAN ADAM..........................................................2ndRESPONDENT
KHATIJABHAI ABDULREHMAN ADAM...............................................3rdRESPONDENT
SERABANU ABDULREHMAN ADAM.....................................................4thRESPONDENT
(Being an application for leave to cease acting for the Respondents
in
Mombasa Civil Appeal No 101 of 2019)
******************
RULING
By a Notice of Motion dated 18th December 2020 and made under Rule 23(1) and(2)of the Court of Appeal Rules, counsel for the Respondents, M/s. Ndegwa Muthama Katisya and Associates Advocates, seek leave to cease from acting for the Respondents. Their application is supported by the affidavit of Nelson Sitonik sworn on 18th December 2020 and is made on grounds set out on the face of the Motion.
I have read Mr. Sitonik’s Supporting affidavit and appreciate its contents. Rule 23(2) of the Court of Appeal Rules requires an advocate who desires to cease acting for any party in a civil appeal or application, to apply by Notice of Motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certified copy of the order of the Judge.
Accordingly, I hereby order and direct that –
(a) counsel for the Respondents be deemed as having ceased to act for the Respondents on service upon the four Respondents of this order;
(b) there be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF JULY, 2021 DR. K. I. LAIBUTA
...................................
JUDGE OF APPEAL
I certify that this is atrue copyof theoriginal.
DEPUTY REGISTRAR