[2020] KECA 17 (KLR)
The court found that the advocate had demonstrated just cause to cease acting for the appellant due to non-payment of fees and the appellant's failure to arrange alternative representation. As the application was unopposed and the circumstances made it untenable for the advocate to continue, the court exercised its...
Source-derived case information.
- Citation
- [2020] KECA 17 (KLR)
- Parties
- Appellant: The County Government of Migori; Respondent: INB Management & ICT Consulting Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 260 of 2017
- Procedural Posture
- Civil Appeal / Application to Cease Acting as Advocate
- Outcome
- Application allowed. Advocate permitted to cease acting for the appellant.
- Judges
- J Karanja
- Legal Topics
- Advocate Ceasing to Act, Representation of Parties, Service of Process
- 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
The County Government of Migori
Appellant
INB Management & ICT Consulting Limited
Respondent
Procedural Posture
Civil Appeal / Application to Cease Acting as Advocate
Legal Issues
- 1 Whether the advocate for the appellant should be allowed to cease acting due to non-payment of fees and lack of alternative representation by the appellant.
Ratio Decidendi
The court found that the advocate had demonstrated just cause to cease acting for the appellant due to non-payment of fees and the appellant's failure to arrange alternative representation. As the application was unopposed and the circumstances made it untenable for the advocate to continue, the court exercised its discretion to allow the application. The advocate was accordingly permitted to cease acting, and all future correspondence and court process were to be served directly on the appellant.
Court Disposition
Application allowed. Advocate permitted to cease acting for the appellant.
Orders
- The firm of M/s Okong’o, Wandago & Co. Advocates is allowed to cease acting for the appellant.
- Any correspondence including hearing notices and other court process to be served directly on the appellant.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KARANJA, JA. (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 260 OF 2017
BETWEEN
THE COUNTY GOVERNMENT OF MIGORI.....................................APPELLANT
AND
INB MANAGEMENT & ICT CONSULTING LIMITED...............RESPONDENT
( An application to cease acting in an appeal from the decision of the High Court of Kenya at Nairobi (G. V. Odunga, J.) dated 24thNovember, 2016)
in
HC JR Application No. 77 of 2016)
*****************
RULING
This Notice of Motion is brought by the firm of M/s Okong’o, Wandago & Co. Advocates, under Rule 23(2), 42 and 43(1) of the Court of Appeal Rules.
The said firm has been representing The County Government of Migori(Appellant) in Civil Appeal No. 260 of 2017, and also represented it in NairobiHigh Court Judicial Review Application No. 77 of 2016which gave rise to this Appeal.
According to Mr. Okong’o Kennedy, learned counsel for the applicant,
The County Government of Migori has failed and/or neglected to settle the Bill of Costs presented to it by the applicant herein thus making it difficult for the applicant to continue representing it in this appeal. The appellant has also failed to arrange for alternative representation and this has left the applicant in a predicament as legally it is still bound to represent the appellant in the appeal.
Although the application was served on the appellant, there has been no response and the application is in the circumstances unopposed. In absence of any opposition from the appellant, and given the circumstances outlined by the applicant herein, it will not be tenable for the applicant to continue being on record for the appellant.
Accordingly, this application is allowed. The firm of M/s Okong’o, Wandago & Co. Advocates are hereby allowed cease acting for the appellant. Any correspondence including hearing notices and other court process be served directly on the appellant.
Dated and delivered at Nairobi this 18thday of December, 2020.
W. KARANJA
…………………………..………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR