[2023] KECA 78 (KLR)
The court found that the requirements of Rule 23(2) of the Court of Appeal Rules had been satisfied, as the advocate/client relationship had irretrievably broken down and the proper procedure for seeking leave to cease acting had been followed. The judge therefore granted leave for counsel to cease acting for the...
Source-derived case information.
- Citation
- [2023] KECA 78 (KLR)
- Parties
- Appellant: Margaret Gacigi Gecaga; Respondent: Quinvest Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E729 of 2021
- Procedural Posture
- Civil Appeal Application / Application for Leave to Cease Acting
- Outcome
- Application allowed. Leave granted for counsel to cease acting for the appellant upon service of the order. No order as to costs.
- Judges
- KI Laibuta
- Legal Topics
- Leave to Cease Acting, Advocate Client Relationship, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Gacigi Gecaga
Appellant
Quinvest Limited
Respondent
Procedural Posture
Civil Appeal Application / Application for Leave to Cease Acting
Legal Issues
- 1 Whether counsel for the appellant should be granted leave to cease acting for the appellant under rule 23(2) of the Court of Appeal Rules.
Ratio Decidendi
The court found that the requirements of Rule 23(2) of the Court of Appeal Rules had been satisfied, as the advocate/client relationship had irretrievably broken down and the proper procedure for seeking leave to cease acting had been followed. The judge therefore granted leave for counsel to cease acting for the appellant, effective upon service of the order on the appellant. No order as to costs was made.
Court Disposition
Application allowed. Leave granted for counsel to cease acting for the appellant upon service of the order. No order as to costs.
Orders
- Counsel for the appellant be deemed as having ceased to act for the appellant on service upon the appellant of this order.
- There be no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Gecaga v Quinvest Limited (Civil Appeal (Application) E729 of 2021) [2023] KECA 78 (KLR) (3 February 2023) (Ruling)
Neutral citation: [2023] KECA 78 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E729 of 2021
KI Laibuta, JA
February 3, 2023
Between
Margaret Gacigi Gecaga
Appellant
and
Quinvest Limited
Respondent
(Being an application for leave to cease acting for the appellant in Civil Appeal No. E729 OF 2021)
Ruling
1. By a notice of motion dated November 25, 2022 and made under rule 23(2) of the Court of Appeal Rules, counsel for the appellant, M/s J M Njenga and Company, seek leave to cease acting for the appellant, Margaret Gacigi Gecaga. Their application is supported by the annexed affidavit of Ms Victoria Wambua, an advocate at the applicant firm, sworn on November 25, 2022, and is made on the ground that the advocate/client’s relationship has broken down irretrievably.
2. I have read Ms Wambua’s Supporting affidavit and appreciate its contents. Rule 23(2) of the Court of Appeal Rules requires an advocate who desires to cease acting for any party in a civil appeal or application to apply by notice of motion before a single judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certified copy of the order of the judge.
3. Accordingly, I hereby order and direct that –a.counsel for the appellant be deemed as having ceased to act for the appellant on service upon the appellant of this order; andb.there be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF FEBRUARY, 2023. DR. K. I. LAIBUTA...........................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR