[2025] KEELC 441 (KLR)
The court found that the advocate for the defendant/applicant had not received sufficient instructions from his client and that the client had expressed dissatisfaction with the advocate's advice, particularly after the court gave directions regarding a site visit to the suit property. In the absence of any response...
Source-derived case information.
- Citation
- [2025] KEELC 441 (KLR)
- Parties
- Plaintiff: William Chesilut; Defendant: Ezekiel Kipkorir; Defendant: Dorcas Lelei
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E016 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed; advocate granted leave to cease acting for the defendant/applicant with costs to be borne by the defendant/applicant.
- Judges
- GMA Ongondo
- Legal Topics
- Advocate Ceasing to Act, Instructions to Counsel, Withdrawal of Counsel, Land Dispute, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Chesilut
Plaintiff
Ezekiel Kipkorir
Defendant
Dorcas Lelei
Defendant
Procedural Posture
Environment and Land Case / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate for the defendant/applicant should be granted leave to cease acting for the defendant/applicant.
- 2 Whether the defendant/applicant failed to provide sufficient instructions to his advocate.
- 3 Whether costs of the application should be borne by the defendant/applicant.
Ratio Decidendi
The court found that the advocate for the defendant/applicant had not received sufficient instructions from his client and that the client had expressed dissatisfaction with the advocate's advice, particularly after the court gave directions regarding a site visit to the suit property. In the absence of any response to the application and based on the supporting affidavit and legal principles, the court held that the application was meritorious and allowed the advocate to cease acting for the defendant/applicant, with costs to be borne by the defendant/applicant.
Court Disposition
Application allowed; advocate granted leave to cease acting for the defendant/applicant with costs to be borne by the defendant/applicant.
Orders
- The application for leave to cease acting is allowed.
- Costs of the application to be borne by the defendant/applicant.
Full Case Text
Judgment text and source record
26 paragraphs
Chesilut v Kipkorir & another (Environment & Land Case E016 of 2022) [2025] KEELC 441 (KLR) (5 February 2025) (Ruling)
Neutral citation: [2025] KEELC 441 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case E016 of 2022
GMA Ongondo, J
February 5, 2025
Between
William Chesilut
Plaintiff
and
Ezekiel Kipkorir
1st Defendant
Dorcas Lelei
2nd Defendant
Ruling
1. This ruling relates to an application by way of chamber summons dated 10th December 2024 by Obura Mbeche and Company Advocates for leave to cease acting for her defendant/applicant, Ezekiel Kipkorir and costs of the application be provided for.
2. The application is based on the three grounds stated on the face of the same and an affidavit of eight paragraphs sworn on even date by learned counsel Paschal Peter Oyuko Mbeche who averred, inter alia, that the defendant/ applicant has failed to provide his advocates on record with sufficient instructions to continue acting on his behalf. Further, that the applicant has expressed openly his dissatisfaction to advice rendered to him more particularly, when the court gave directions regarding a site visit to the suit property namely land reference number Nandi/Mutwot/325.
3. The defendant/applicant was duly served with the application as disclosed in the affidavit of service sworn on 20th January 2025 herein. Besides, there is no response to the application.
4. In that regard, is the application merited?
5. Mr Maina instructed by Mr Mbeche, learned counsel for the defendant/applicant referred to the application and the affidavit of service. Therefore, he urged the court to allow the application accordingly.
6. It must be noted that a duly instructed counsel appearing for a party in an action is held out as having implied general full authority as to all matters thereof; see Neale v Lady Gordon Lennox (1902) 1KB 838, Kenya Commercial Bank Limited v Specialised Engineering Company Limited (1980) eKLR.
7. Clearly, learned counsel has no sufficient instructions from the defendant/applicant in this matter. I find the application steadfast and meritorious.
8. Accordingly, the application is hereby allowed with costs to be borne by the defendant/applicant.
9. Orders accordingly.
DATED AND DELIVERED AT KAPSABET THIS 5THDAY OF FEBRUARY 2025HON. GEORGE M A ONGONDOJUDGEPresent;Mr Maina instructed by Mbeche learned counsel for the defendant/applicantMr Ngarngar learned counsel for the plaintiffWalter, Court Assistant