[2019] KEELC 405 (KLR)
The application by the advocate for the 3rd defendant to cease acting was withdrawn in open court after the advocate decided to continue representing the client. As a result, the court marked the application as withdrawn and made no order as to costs. The court exercised its discretion in accordance with the Civil...
Source-derived case information.
- Citation
- [2019] KEELC 405 (KLR)
- Parties
- Applicant: Dalco Trading Centre; Respondent: Kamaita Imathiu; Respondent: Lawrence N. Mugambi; Respondent: Mohamed Hashin Jamah; Respondent: Land Registrar, Tharaka Nithi County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application withdrawn
- Legal Topics
- Advocate Ceasing to Act, Withdrawal of Counsel, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalco Trading Centre
Applicant
Kamaita Imathiu
Respondent
Lawrence N. Mugambi
Respondent
Mohamed Hashin Jamah
Respondent
Land Registrar, Tharaka Nithi County
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the firm of M/S Kiogora Ariithi & Associates Advocates should be allowed to cease acting for the 3rd defendant.
- 2 Whether costs should be awarded for the application.
Ratio Decidendi
The application by the advocate for the 3rd defendant to cease acting was withdrawn in open court after the advocate decided to continue representing the client. As a result, the court marked the application as withdrawn and made no order as to costs. The court exercised its discretion in accordance with the Civil Procedure Rules and the Civil Procedure Act, recognizing the advocate's right to withdraw the application and the absence of any opposition or prejudice to the parties. The matter was thus disposed of without further proceedings on the merits of the application.
Court Disposition
application withdrawn
Orders
- The application by M/S Kiogora Ariithi & Associates Advocates to cease acting for the 3rd defendant is marked as withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 18 OF 2019
FORMERLY MARIMANTI ELC 48 OF 2017
FORMERLY CHUKA ELC 191 OF 2017
DALCO TRADING CENTRE...........................................................APPLICANT/PLAINTIFF
VERSUS
KAMAITA IMATHIU..........................................................1ST RESPONDENT/DEFENDANT
LAWRENCE N. MUGAMBI..............................................2ND RESPONDENT/DEFENDANT
MOHAMED HASHIN JAMAH.........................................3RD RESPONDENT/DEFENDANT
LAND REGISTRAR, THARAKA NITHI COUNTY......4TH RESPONDENT/DEFENDANT
RULING
1. This application is dated 10th December, 2019 and states that it has been brought to court under Section 3A of the Civil Procedure Act (CAP 21 Laws of Kenya), Order 9 Rule 13 of the Civil Procedure Rules, 2010) and all other enabling provisions of the law. The application seeks orders:-
1. That the firm of M/S Kiogora Ariithi & Associates Advocates be allowed to cease acting for the 3rd defendant in this suit.
2. That the costs of this application be provided for.
2. The application has the following grounds:
a) That the 3rd defendant has ceased cooperating with his advocates in this suit.
b) That the 3rd defendant has failed to furnish his advocate with instructions hence the advocate is unable to continue acting in the matter.
3. The application is supported by the affidavit of Julius Kiogora Ariithi sworn on 10th December, 2019 which states:-
I, JULIUS KIOGORA ARIITHI of P. O. Box 3279-60200, Meru in the Republic of Kenya do hereby make oath and state as follows:-
1. That I am an advocate of the High Court of Kenya practicing as such in the name and style of Kiogora Ariithi & Associates Advocates hence I am competent to make and swear this affidavit.
2. That I have been conducting this suit on behalf of the 3rd defendant in this matter.
3. That the 3rd defendant has ceased cooperating with me in this suit and has failed to heed my professional advise.
4. That due to lack of cooperation from the 3rd defendant’s I am unable to proceed with this suit hence my application to be allowed to cease acting for the 3rd defendant.
5. That what I have deponed to hereinabove is true to the best of my knowledge, information and belief.
4. On 16th December, 2019, M/S Nyambura Kithaka told the court that Mr. Kiogora Ariithi had decided to withdraw the application and continue representing the 3rd defendant.
5. In the circumstances, this application is marked withdrawn with no order as to costs.
6. Orders accordingly.
Delivered in open Court at Chuka this 16th day of December, 2019 in the presence of:
CA: Ndegwa
Siagi for the Plaintiff
M/s Kithaka for the 3rd defendant
Kiongo for the 4th defendant
P. M. NJOROGE,
JUDGE.