[2022] KECA 131 (KLR)
The court held that under Rule 23(2) of the Court of Appeal Rules, an advocate wishing to cease acting for a party in a civil appeal or application must seek leave of the court by way of a Notice of Motion. Upon service of a certified copy of the order granting leave on the party, the advocate is deemed to have...
Source-derived case information.
- Citation
- [2022] KECA 131 (KLR)
- Parties
- Appellant: Bank of Baroda (K) Limited; Respondent: Banking Insurance and Finance Union (K); Respondent: Kenya Bankers Association
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 440 of 2019
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- Application allowed. Leave granted for counsel to cease acting for the appellant upon service of the order. No order as to costs.
- Judges
- KI Laibuta
- Legal Topics
- Advocate Ceasing to Act, Court of Appeal Rules, Notice of Motion, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bank of Baroda (K) Limited
Appellant
Banking Insurance and Finance Union (K)
Respondent
Kenya Bankers Association
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether counsel for the appellant should be granted leave to cease acting for the appellant under Rule 23(2) of the Court of Appeal Rules.
Ratio Decidendi
The court held that under Rule 23(2) of the Court of Appeal Rules, an advocate wishing to cease acting for a party in a civil appeal or application must seek leave of the court by way of a Notice of Motion. Upon service of a certified copy of the order granting leave on the party, the advocate is deemed to have ceased acting. The application by M/s. Anjarwalla Khanna LLP Advocates was properly made, supported by affidavit, and satisfied the procedural requirements. The court therefore granted the application, allowing counsel to cease acting for the appellant upon service of the order.
Court Disposition
Application allowed. Leave granted for counsel to cease acting for the appellant upon service of the order. No order as to costs.
Orders
- Counsel for the appellant is deemed to have ceased to act for the appellant upon service of this order on the appellant.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Bank of Baroda (K) Limited v Banking Insurance and Finance Union (K) & another (Civil Appeal (Application) 440 of 2019) [2022] KECA 131 (KLR) (18 February 2022) (Ruling)
Neutral citation: [2022] KECA 131 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 440 of 2019
K.I Laibuta, JA
February 18, 2022
Between
Bank of Baroda (K) Limited
Appellant
and
Banking Insurance and Finance Union (K)
1st Respondent
Kenya Bankers Association
2nd Respondent
(Being an application for leave to cease acting for the Appellant)
Ruling
1. By a Notice of Motion dated 1st December 2021 and made under Rule 23(2) of the Court of Appeal Rules, counsel for the Appellant, M/s. Anjarwalla Khanna LLP Advocates, seeks leave to cease from acting for the Appellant, Bank of Baroda (K) Limited. Their application is supported by the affidavit of Mr. Elly Obegi, an associate at the firm of M/s. Anjarwalla Khanna LLP Advocates, sworn on 1st December 2021, and is made on grounds set out on the face of the Motion.
2. I have read Mr. Obegi’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 Appellant be deemed as having ceased to act for the Appellant on service upon the Appellant of this order;(b)there be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 18THDAY OF FEBRUARY, 2022DR. K. I. LAIBUTA.....................................JUDGE OF APPEALI certify that this is atrue copy of the original.SignedDEPUTY REGISTRAR