[2022] KEHC 12899 (KLR)
The court found that the application by Murgor & Murgor Advocates to cease acting for the 1st, 2nd, and 3rd defendants was unchallenged. The supporting affidavit set out the grounds for withdrawal, specifically want of instructions. In the absence of any opposition or contrary evidence, the court was satisfied that...
Source-derived case information.
- Citation
- [2022] KEHC 12899 (KLR)
- Parties
- Plaintiff: Dr Samual Mundati Gatabaki; Defendant: New Attitute Limited; Defendant: Peter Kiarie Muraya; Defendant: Sue Wacheke Muraya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E165 of 2022
- Procedural Posture
- Commercial Case / Ruling on Application for Leave to Cease Acting
- Outcome
- Application granted. Leave to cease acting allowed.
- Judges
- DO Chepkwony
- Legal Topics
- Leave to Cease Acting, Advocate Withdrawal, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr Samual Mundati Gatabaki
Plaintiff
New Attitute Limited
Defendant
Peter Kiarie Muraya
Defendant
Sue Wacheke Muraya
Defendant
Procedural Posture
Commercial Case / Ruling on Application for Leave to Cease Acting
Legal Issues
- 1 Whether the firm of Murgor & Murgor Advocates should be granted leave to cease acting for the 1st, 2nd, and 3rd defendants for want of instructions.
Ratio Decidendi
The court found that the application by Murgor & Murgor Advocates to cease acting for the 1st, 2nd, and 3rd defendants was unchallenged. The supporting affidavit set out the grounds for withdrawal, specifically want of instructions. In the absence of any opposition or contrary evidence, the court was satisfied that the requirements for granting leave to cease acting had been met. Accordingly, the court exercised its discretion to allow the application as presented, granting the firm leave to withdraw from representing the defendants.
Court Disposition
Application granted. Leave to cease acting allowed.
Orders
- The firm of Murgor & Murgor Advocates is granted leave to cease acting for the 1st, 2nd, and 3rd defendants.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
Gatabaki v New Attitute Limited & 2 others (Commercial Case E165 of 2022) [2022] KEHC 12899 (KLR) (Admiralty) (25 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12899 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Admiralty
Commercial Case E165 of 2022
DO Chepkwony, J
July 25, 2022
Between
Dr Samual Mundati Gatabaki
Plaintiff
and
New Attitute Limited
1st Defendant
Peter Kiarie Muraya
2nd Defendant
Sue Wacheke Muraya
3rd Defendant
Ruling
1. The matter is for hearing of the application dated June 29, 2022 in which the firm of M/S Murgor & Co Advocates have sought for leave to cease acting for the 1st , 2nd and 3rd defendants for want of instructions.
2. I have read through the grounds set out in the face of the application and the further affidavit of Otieno Bob sworn on even date. I find the averments therein are not challenged and therefore the prayers sought for in the application are granted as presented.
3. I therefore order that:-a.The firm of M/s Murgor & Murgor, Advocates be and are hereby granted leave to cease acting for the 1st, 2nd and 3rd defendants.b.Costs of the application to be in the cause.c.Parties to fix a mention for further directions.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 25TH. DAY OF JULY. 2022. D O CHEPKWONYJUDGEIn the presence of:Mr Bon Otieno counsel for 1st, 2nd and 3rd defendantsNo appearance for and by plaintiffCourt assistant - Sakina