[2022] KEELC 954 (KLR)
The court found that the advocate for the 2nd defendant had demonstrated sufficient grounds to cease acting, namely the lack of instructions and facilitation from the client. As the application was unopposed, the court exercised its discretion to allow the application. The court further directed that the...
Source-derived case information.
- Citation
- [2022] KEELC 954 (KLR)
- Parties
- Applicant: George Kariithi & 74 Others; Respondent: District Surveyor Isiolo & 4 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 008 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Legal Topics
- Advocate Ceasing to Act, Service of Orders, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Kariithi & 74 Others
Applicant
District Surveyor Isiolo & 4 Others
Respondent
Procedural Posture
Constitutional Petition / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether counsel for the 2nd defendant should be granted leave to cease acting for lack of instructions.
- 2 Whether further communication regarding the 2nd defendant should be directed to the defendant personally.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the advocate for the 2nd defendant had demonstrated sufficient grounds to cease acting, namely the lack of instructions and facilitation from the client. As the application was unopposed, the court exercised its discretion to allow the application. The court further directed that the petitioners’ advocates serve the orders upon the absent defendants to ensure they are properly notified. Costs were ordered to be in the cause, reflecting the non-contentious nature of the application and the absence of opposition.
Court Disposition
application allowed
Orders
- Leave is granted for counsel for the 2nd defendant to cease acting.
- Petitioners’ advocates to serve the court's orders upon the absent 1st, 2nd and 3rd defendants.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ISIOLO
CONSTITUTIONAL PETITION NO. 008 OF 2021
GEORGE KARIITHI & 74 OTHERS.........................................................................PETITIONERS
VERSUS
DISTRICT SURVEYOR ISIOLO & 4 OTHERS....................................................RESPONDENTS
RULING
1. This application is dated 7th February, 2022 and seeks the following orders;
1. THAT this Honourable Court be pleased to grant leave to Counsel for the defendant to cease from acting for the 2nd defendant in this Suit for lack of proper instructions.
2. THAT this Honourable Court be pleased to order that any further communication in respect to the 2nd defendant concerning this Case be communicated to the defendant personally.
3. THATthe costs of this Application be paid by the defendant.
2. The application is supported by the affidavit of Kelvin Mutuma Mbaabu, the advocate for the 1st, 2nd and 3rd defendants and it has the follows grounds:
a) THATthe defendant has failed to give us further instructions on the matter herein.
b) THAT the defendant has also failed to facilitate our Firm to continue representing them herein.
3. When the application was heard interpartes, it was not opposed. The following orders are issued:
a) The application is allowed.
b) The petitioners’ advocates are directed to serve the orders issued by the court today upon the absent 1st, 2nd and 3rd defendants.
c) Costs shall be in the cause.
d) Directions on 30/5/2022.
Ruling Written and Delivered in Open Court at Isiolo this 14th Day of March, 2022 in the Presence of:
Court Assistant: Balozi
Rhoda Maina for Petitioners
Nyamokeri h/b Ondieki for the 2nd, 3rd, 7th, 8th & 14th Petitioners
Kelvin Mbaabu – the applicant
Ashava h/b Carl Peters Mbaabu for the Interested Parties
HON. JUSTICE P. M. NJOROGE
JUDGE