[2023] KEELC 18104 (KLR)
The court found that the applicant's advocates had provided sufficient reason for their application to cease acting, namely, the lack of instructions from the applicant. The notice to cease acting was properly served on the applicant, who failed to respond and was absent in court. In the absence of any objection or...
Source-derived case information.
- Citation
- [2023] KEELC 18104 (KLR)
- Parties
- Applicant: David Ochola Awino; Respondent: Rugina Akeyo Otieno
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application to cease acting allowed; suit fixed for directions.
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Advocate Ceasing to Act, Notice to Cease Acting
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ochola Awino
Applicant
Rugina Akeyo Otieno
Respondent
Procedural Posture
Environment and Land Case / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the applicant's advocates should be allowed to cease acting for the applicant under Order 9 Rule 13 of the Civil Procedure Rules, 2010.
- 2 Whether sufficient notice and reason have been given for the application to cease acting.
Ratio Decidendi
The court found that the applicant's advocates had provided sufficient reason for their application to cease acting, namely, the lack of instructions from the applicant. The notice to cease acting was properly served on the applicant, who failed to respond and was absent in court. In the absence of any objection or response from the applicant, and in compliance with the procedural requirements under Order 9 Rule 13 of the Civil Procedure Rules, 2010, the court allowed the advocates to cease acting for the applicant. The court further directed that the suit be fixed for directions and that both parties be notified accordingly.
Court Disposition
Application to cease acting allowed; suit fixed for directions.
Orders
- The firm of Aluoch Odera and Nyauke Advocates is discharged from acting for the applicant.
- The suit is fixed for directions on September 25, 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Awino v Otieno (Environment & Land Case E001 of 2022) [2023] KEELC 18104 (KLR) (12 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18104 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E001 of 2022
GMA Ongondo, J
June 12, 2023
Between
David Ochola Awino
Applicant
and
Rugina Akeyo Otieno
Respondent
Ruling
1. By a notice to cease acting dated June 6, 2023 pursuant to order 9 rule 13 of the Civil Procedure Rules, 2010, the firm of Aluoch Odera and Nyauke Advocates, for the applicant has sought to cease acting for the applicant, David Ochola Awino. The same is anchored on the reason that the said firm has no longer instructions from the applicant in this suit.
2. The notice served upon the applicant has not been responded to. The applicant is absent in court.
3. In the instant suit, the applicant is claiming ownership of the suit land reference No Gem/Kayanjwa/91 by adverse possession.
4. In the premises, the applicant’s counsel has given sufficient reason herein thus, discharged from acting for the applicant herein.
5. The suit is fixed for directions on September 25, 2023.
6. The applicant and the respondent be notified by the Deputy Registrar of this court accordingly.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 12TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPresent.Aluoch Odera learned counsel for the applicant.Court Assistant, Okello