[2022] KECA 1012 (KLR)
The court found that the application by the advocates for the appellant to cease acting was unopposed and properly supported by affidavit. In the absence of any objection from the respondents, and in accordance with the relevant statutory and procedural provisions, the court exercised its discretion to grant leave...
Source-derived case information.
- Citation
- [2022] KECA 1012 (KLR)
- Parties
- Applicant: Cementers Building and Civil Engineering Contractors Limited; Respondent: Esther Murunga Wahome; Respondent: Catherine Ngina; Respondent: Catherine Katunge; Respondent: Esther Gaicugi; Respondent: Eunice Ndinda; Respondent: Joshua Wambua
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E080 of 2021
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- Application allowed. Leave granted for advocates to cease acting.
- Judges
- PM Gachoka
- Legal Topics
- Leave to Cease Acting, Advocate Withdrawal, Court of Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cementers Building and Civil Engineering Contractors Limited
Applicant
Esther Murunga Wahome
Respondent
Catherine Ngina
Respondent
Catherine Katunge
Respondent
Esther Gaicugi
Respondent
Eunice Ndinda
Respondent
Joshua Wambua
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether the advocates for the appellant should be granted leave to cease acting for the appellant.
Ratio Decidendi
The court found that the application by the advocates for the appellant to cease acting was unopposed and properly supported by affidavit. In the absence of any objection from the respondents, and in accordance with the relevant statutory and procedural provisions, the court exercised its discretion to grant leave to the firm of Messrs N. Mucheru Law LLP Advocates to cease acting for the appellant. The order was made accordingly, with costs in the cause.
Court Disposition
Application allowed. Leave granted for advocates to cease acting.
Orders
- The firm of Messrs N. Mucheru Law LLP Advocates is granted leave to cease acting for the appellant.
- The costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
Cementers Building and Civil Engineering Contractors Limited v Wahome & 5 others (Civil Appeal (Application) E080 of 2021) [2022] KECA 1012 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KECA 1012 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E080 of 2021
MP Gachoka, JA
September 23, 2022
Between
Cementers Building and Civil Engineering Contractors Limited
Applicant
and
Esther Murunga Wahome
1st Respondent
Catherine Ngina
2nd Respondent
Catherine Katunge
3rd Respondent
Esther Gaicugi
4th Respondent
Eunice Ndinda
5th Respondent
Joshua Wambua
6th Respondent
(Being an application for leave to cease acting against the Ruling of the Employment and Labour Relations Court of Kenya at Nairobi (Onesmus Makau, J.) delivered on 5th February 2021 in Employment and Labour Relations Court No. 1714 of 2021 Cause 1714 of 2011 )
Ruling
1. The Advocates for the Appellant have filed a Notice of Motion dated June 29, 2022 Under Section 3A of theAppellant Jurisdiction Act, Cap No., 9 of the Laws of Kenya ad Rule 23 of the Court of Appeal Rules seeking the following Orders: -“1. The Advocates now on record for the Appellant, Messrs N. Mucheru Law LLP Advocates be granted leave to cease from further acting of the Respondent herein.2. The costs of this application be in the cause.”The Application is supported by the Affidavit of Alex Wambua Muthenyasworn on 14th September 2022.
2. The Application is not opposed, and I hereby order and direct that; The firm of Messes N. Mucheru Law LLP Advocates be and are hereby granted leave to cease acting for the Appellant here.Orders accordingly.
DATED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2022. I certify that this is a true copy of the originalSignedM. GACHOKA, CIArb, FCIArb.................................JUDGE OF APPEALDEPUTY REGISTRAR