[2009] KEHC 1897 (KLR)
The court found that the application by the advocate to cease acting for the 2nd defendant was properly brought under the relevant provisions of the Civil Procedure Act and Rules. The respondent/client was duly served and did not oppose the application. There being no opposition and the requirements of the law...
Source-derived case information.
- Citation
- [2009] KEHC 1897 (KLR)
- Parties
- Plaintiff: Gabriel L. Barsolai; Defendant: Koitoror Farm Company Limited; Defendant: Hon. Francis Kipkoecharap Tarar
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 151 of 1989
- Procedural Posture
- Civil Suit / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Advocate Ceasing to Act, Leave of Court, Civil Procedure Rules, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel L. Barsolai
Plaintiff
Koitoror Farm Company Limited
Defendant
Hon. Francis Kipkoecharap Tarar
Defendant
Procedural Posture
Civil Suit / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate for the 2nd defendant should be granted leave to cease acting for the client.
Ratio Decidendi
The court found that the application by the advocate to cease acting for the 2nd defendant was properly brought under the relevant provisions of the Civil Procedure Act and Rules. The respondent/client was duly served and did not oppose the application. There being no opposition and the requirements of the law having been met, the court granted the application as prayed in prayer (a) of the Chamber Summons dated 24th May, 2006.
Court Disposition
application allowed
Orders
- Leave is granted to Birech Ruto & Company Advocates to cease acting for the 2nd defendant as per prayer (a) of the Chamber Summons dated 24th May, 2006.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT ELDORET
CIVIL SUIT 151 OF 1989
GABRIEL L. BARSOLAI ........................................................PLAINTIFF
VERSUS
KOITOROR FARM COMPANY LIMITED.................1ST DEFENDANT
HON. FRANCIS KIPKOECHARAP TARAR..........2ND DEFENDANT
RULING
This is an application by the firm of Birech Ruto & Company Advocates brought under Section 3A and 63 of the Civil Procedure Act and Order III Rule 12 (1) of the Civil Procedure Rules for leave to cease to act for the 2nd Defendant.
The application is based on the grounds as stated in the body of the Chamber Summons and supported by an affidavit sworn by the Applicant. The Respondent/Client was served but did not file any papers to oppose the application.
The application is allowed in terms of prayer (a) of the Chamber Summons dated 24th May, 2006.
DATED AND DELIVERED AT ELDORET THIS 29TH DAY OF SEPTEMBER, 2009.
J. L. A. OSIEMO
JUDGE
In the presence of:-