[2023] KEELC 20728 (KLR)
The court found that the advocate for the 2nd respondent had demonstrated sufficient grounds for ceasing to act, namely the failure of the client to provide instructions necessary for the conduct of the case. As the application was unopposed and the reasons advanced were reasonable, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEELC 20728 (KLR)
- Parties
- Applicant: Mercy Nguta Gatobu; Applicant: Cyprian Kaume; Respondent: Leonard Kiarie Kinuthia; Respondent: The County Government of Isiolo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 1 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed. Leave granted for advocate to cease acting for 2nd respondent. No order as to costs.
- Judges
- PM Njoroge
- Legal Topics
- Advocate Ceasing to Act, Leave to Withdraw, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Nguta Gatobu
Applicant
Cyprian Kaume
Applicant
Leonard Kiarie Kinuthia
Respondent
The County Government of Isiolo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate for the 2nd respondent should be granted leave to cease acting for the 2nd respondent due to lack of instructions.
Ratio Decidendi
The court found that the advocate for the 2nd respondent had demonstrated sufficient grounds for ceasing to act, namely the failure of the client to provide instructions necessary for the conduct of the case. As the application was unopposed and the reasons advanced were reasonable, the court exercised its discretion to allow the application and granted leave for the advocate to cease acting for the 2nd respondent. No order as to costs was made.
Court Disposition
Application allowed. Leave granted for advocate to cease acting for 2nd respondent. No order as to costs.
Orders
- The application is allowed.
- Leave is granted for Mbaabu M’Inoti & Co. Advocates to cease acting for the 2nd respondent.
Full Case Text
Judgment text and source record
23 paragraphs
Gatobu & another v Kinuthia & another (Environment & Land Petition 1 of 2022) [2023] KEELC 20728 (KLR) (16 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20728 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Petition 1 of 2022
PM Njoroge, J
October 16, 2023
Between
Mercy Nguta Gatobu
1st Petitioner
Cyprian Kaume
2nd Petitioner
and
Leonard Kiarie Kinuthia
1st Respondent
The County Government of Isiolo
2nd Respondent
Ruling
1. This application is dated 19/16/2023 and seeks the following orders:1. That the Advocate now on record for the 2nd Respondent, Messr. Mbaabu M’Inoti & Co. Advocates be granted leave to cease acting for the 2nd Respondent herein.2. That the costs of this application be provided for.
2. The application is supported by the affidavit of Kelvin M. Mbaabu sworn on 19/6/2023 and has the following grounds;1. That the 2nd Respondent has failed to furnish the requisite instructions to his Advocates now on record, in order to facilitate the hearing and determination of this case.2. That accordingly, the Advocates are unable to proceed further with this matter and it is only fair and equitable for the firm to be granted leave to cease acting on behalf of the 2nd Respondent.
3. When the application was heard on 16/10/2023, it was not opposed.
4. In the circumstances, the following orders are issued;a.The application is allowed.b.I issue no order as to costs.
DELIVERED IN OPEN COURT AT ISIOLO THIS 16TH DAY OF OCTOBER, 2023 IN THE PRESENCE OF:HON. JUSTICE P.M NJOROGEJUDGE