[2024] KEHC 4719 (KLR)
The court found that the advocate-client relationship between the applicant and her advocate had irretrievably broken down, as evidenced by the affidavit and absence of opposition. The application was properly served and unopposed. The court exercised its discretion under Order 9 Rule 13 of the Civil Procedure Rules...
Source-derived case information.
- Citation
- [2024] KEHC 4719 (KLR)
- Parties
- Applicant: Janet Chepkorir Cheruiyot; Respondent: Rachel Isanda; Respondent: Paul Kipkemboi Arap Bii
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E001 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- PN Gichohi
- Legal Topics
- Advocate Client Relationship, Application to Cease Acting, Withdrawal of Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Chepkorir Cheruiyot
Applicant
Rachel Isanda
Respondent
Paul Kipkemboi Arap Bii
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate should be granted leave to cease acting for the applicant due to breakdown of the advocate-client relationship.
Ratio Decidendi
The court found that the advocate-client relationship between the applicant and her advocate had irretrievably broken down, as evidenced by the affidavit and absence of opposition. The application was properly served and unopposed. The court exercised its discretion under Order 9 Rule 13 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act to allow the advocate to cease acting for the client, finding the application merited. Costs were awarded to the advocate/applicant.
Court Disposition
application allowed
Orders
- The firm of Saringi Momanyi & Company Advocates is allowed to cease acting for Janet Chepkorir Cheruiyot.
- Costs of the application are awarded to the advocate/applicant.
Full Case Text
Judgment text and source record
20 paragraphs
Cheruiyot v Isanda & another (Miscellaneous Application E001 of 2024) [2024] KEHC 4719 (KLR) (6 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4719 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Application E001 of 2024
PN Gichohi, J
May 6, 2024
Between
Janet Chepkorir Cheruiyot
Applicant
and
Rachel Isanda
1st Respondent
Paul Kipkemboi Arap Bii
2nd Respondent
Ruling
1. What was coming up today is application dated 16/2/2024 brought under Order 9 Rule 13, Order 51 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
2. It is brought by the firm of Saringi Momanyi & Company Advocates seeking to cease acting for the client Janet Chepkorir Cheruiyot for reasons that the Advocate - Client relationship has irretrievably broken down. The grounds are on the face of the application supported by the Affidavit sworn on 16/2/2024 by Nasimiyu Gloria Wekesa Advocate on record for the Client. That application is served and not responded to.
3. I have considered the application and satisfied that it is merited. It is allowed. The Advocate is allowed to cease acting for the Client. The costs of the application awarded to the Advocate/Applicant.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 6TH DAY OF MAY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Ms Nasimiyu for Applicant.N/A for Client.N/A for Respondents.Oleperon - Court Assistant