[2025] KECA 94 (KLR)
The Court found that the applicant advocate had complied with all the requirements under Rule 23(2) of the Court of Appeal Rules 2022, including proper service of the application and hearing notice on the 7th respondent. There being no opposition to the application and no evidence of instructions from the newly...
Source-derived case information.
- Citation
- [2025] KECA 94 (KLR)
- Parties
- Appellant: Commissioner of Insurance; Respondent: Kensilver Express Limited & 192 others; Respondent: United Insurance Company Limited (7th respondent)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 61 of 2014
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- Application allowed; leave granted for the advocate to cease acting for the 7th respondent.
- Judges
- M Ngugi
- Legal Topics
- Leave to Cease Acting, Advocate Withdrawal, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commissioner of Insurance
Appellant
Kensilver Express Limited & 192 others
Respondent
United Insurance Company Limited (7th respondent)
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether the applicant advocate has satisfied the requirements to be granted leave to cease acting for the 7th respondent.
- 2 Whether proper service of the application and hearing notice was effected on the 7th respondent.
Ratio Decidendi
The Court found that the applicant advocate had complied with all the requirements under Rule 23(2) of the Court of Appeal Rules 2022, including proper service of the application and hearing notice on the 7th respondent. There being no opposition to the application and no evidence of instructions from the newly appointed liquidator to the applicant, the Court held that the application was merited. The advocate was therefore granted leave to cease acting for the 7th respondent, United Insurance Company Limited, with no order as to costs.
Court Disposition
Application allowed; leave granted for the advocate to cease acting for the 7th respondent.
Orders
- The firm of Millimo, Muthomi & Co Advocates is granted leave to cease acting for the 7th respondent, United Insurance Company Limited.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Commissioner of Insurance v Kensilver Express Limited & 192 others (Civil Appeal (Application) 61 of 2014) [2025] KECA 94 (KLR) (24 January 2025) (Ruling)
Neutral citation: [2025] KECA 94 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 61 of 2014
M Ngugi, JA
January 24, 2025
Between
Commissioner of Insurance
Appellant
and
Kensilver Express Limited & 192 others & 192 others
Respondent
(Being an application to cease acting in an appeal arising from the ruling of the High Court (Ang’awa J.) dated 18th December 2007)
Ruling
1. In its application dated 2nd October 2024, the firm of Millimo, Muthomi & Co Advocates seeks leave to cease acting for the 7th respondent, United Insurance Company Limited in the appeal. The application is brought under sections 3A and 3B of the Appellate Jurisdiction Act and rule 23(2) of the Court of Appeal Rules 2022.
2. The application is based on the grounds set out on its face and is supported by an affidavit sworn by Kevin Ng’ethe on 2nd October, 2024. The applicant avers that the firm was instructed by the Kenya Reinsurance Corporation Limited to represent the Statutory Manager of the 7th respondent, United Insurance Company Limited. By a judgment dated 12th July 2024, the High Court, in Milimani Commercial and Tax Division Winding Up Cause No. 22 of 2006- In the matter of United Insurance Co. Limited, issued a liquidation order in respect of United Insurance Co. Limited. The High Court also appointed Mr. Anantroy Kamal Bhatt as the liquidator of the 7th respondent. The applicant avers that it has not received instructions from the liquidator to represent the 7th respondent and is therefore unable to continue representing it. It therefore asks the Court to allow it, in the interests of justice, to cease acting for the 7th respondent.
3. The applicant has also filed submissions dated 2nd December 2024 in support of its application.
4. There is no response to the application. Two affidavits of service sworn by Onesmus Kisinga on 29th November 2024 and 2nd December 2024 indicate that both the application and a hearing notice were served on the 7th respondent.
5. Rule 23(2) of this Court’s Rules provides that:23(2)An advocate who desires to cease acting for any party in a civil appeal or application, may 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.
6. The applicant has complied with the requirements of this rule.It has placed before the Court evidence of service of the application and of the hearing notice. This is what is required of a party under rule 23(2)-see Kenya Tea Development Agency & Theta Tea Factory Company Limited v Samuel W’njuguna & 1153 others [2021] KECA 643 (KLR).
7. It is my finding therefore that the application is merited, and it is hereby allowed, but with no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 24TH DAY OF JANUARY, 2025. MUMBI NGUGI………………………JUDGE OF APPEALI certify that this is a true copy of the original,SignedDEPUTY REGISTRAR.