[2023] KEELC 17915 (KLR)
The court found that the application by the plaintiff's advocates to cease acting was merited, as there was no objection from the plaintiff and the advocate-client relationship had broken down. The court exercised its discretion to allow the application and awarded costs to the applicant, being the counsel for the...
Source-derived case information.
- Citation
- [2023] KEELC 17915 (KLR)
- Parties
- Plaintiff: Christopher Otuk Alal; Defendant: Michael Onyango Oginga; Defendant: Joshua Otieno Apiyo; Defendant: Lands Registrar – Migori
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E004 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Change of Advocate, Leave to Cease Acting, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Otuk Alal
Plaintiff
Michael Onyango Oginga
Defendant
Joshua Otieno Apiyo
Defendant
Lands Registrar – Migori
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the firm of Kwanga Mboya and Company Advocates should be granted leave to cease acting for the plaintiff.
- 2 Whether costs should be provided for the application.
Ratio Decidendi
The court found that the application by the plaintiff's advocates to cease acting was merited, as there was no objection from the plaintiff and the advocate-client relationship had broken down. The court exercised its discretion to allow the application and awarded costs to the applicant, being the counsel for the plaintiff. The ruling was based on the absence of opposition and the established principle that advocates may withdraw from acting for a client with leave of court when justified.
Court Disposition
application allowed
Orders
- The firm of Kwanga Mboya and Company Advocates is granted leave to cease acting for the plaintiff.
- Costs of the application are awarded to the applicant (counsel for the plaintiff).
Full Case Text
Judgment text and source record
25 paragraphs
Alal v Oginga & 2 others (Environment & Land Case E004 of 2022) [2023] KEELC 17915 (KLR) (13 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17915 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E004 of 2022
GMA Ongondo, J
June 13, 2023
Formerly Migori ElC Case No. 225 Of 2017
Between
Christopher Otuk Alal
Plaintiff
and
Michael Onyango Oginga
1st Defendant
Joshua Otieno Apiyo
2nd Defendant
Lands Registrar – Migori
3rd Defendant
Ruling
1. By an application mounted by way of chamber summons dated May 19, 2023, the plaintiff through the firm of Kwanga Mboya and Company Advocates is seeking the orders that:a.The firm of Kwanga Mboya and Company Advocates be granted leave to cease acting for the Appellant herein.b)Costs in this application be provided for.
2. Mr M Migele instructed by Mr Adawo for the applicant’s firm of advocates has informed this court that the plaintiff and his counsel/applicant are not able to agree on the way forward herein.
3. The plaintiff has no objection to the application.
4. In the result, the application is merited and it is hereby allowed with costs to the applicant namely counsel for the plaintiff.
5. Orders accordingly.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 13TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPresent.a. Mr. Migele holding brief for Mr. Adawo learned Counsel for the plaintiff.b. Plaintiffc. Court Assistant, Okello.