[2024] KEHC 4914 (KLR)
The court allowed the application by Anyango Owino & Associates to cease acting for the Defendants because there was no objection from any party, and the Defendants had already instructed a new advocate, Hussein B. Indimuli Advocate, who had filed a Notice of Change of Advocates. The court found that all procedural...
Source-derived case information.
- Citation
- [2024] KEHC 4914 (KLR)
- Parties
- Plaintiff: Grofin SGB Kenya Limited; Defendant: Building Consruction Concepts Ltd; Defendant: Patrick Jackino; Defendant: Christine Afande Jackino
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E004 of 2023
- Procedural Posture
- Commercial Case / Ruling on Application to Cease Acting; Pre Trial Scheduling
- Outcome
- Application to cease acting allowed; new hearing date fixed; no order as to costs.
- Judges
- RE Aburili
- Legal Topics
- Change of Advocates, Ceasing to Act, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Grofin SGB Kenya Limited
Plaintiff
Building Consruction Concepts Ltd
Defendant
Patrick Jackino
Defendant
Christine Afande Jackino
Defendant
Procedural Posture
Commercial Case / Ruling on Application to Cease Acting; Pre Trial Scheduling
Legal Issues
- 1 Whether the application by Anyango Owino & Associates to cease acting for the Defendants should be allowed.
- 2 Whether a fresh hearing date should be fixed given the change of advocates and absence of parties.
Ratio Decidendi
The court allowed the application by Anyango Owino & Associates to cease acting for the Defendants because there was no objection from any party, and the Defendants had already instructed a new advocate, Hussein B. Indimuli Advocate, who had filed a Notice of Change of Advocates. The court found that all procedural requirements for ceasing to act had been met, including service of the application and hearing notice. In the absence of the parties and with new counsel on record, the court fixed a fresh hearing date and made no order as to costs for the application.
Court Disposition
Application to cease acting allowed; new hearing date fixed; no order as to costs.
Orders
- Anyango Owino & Associates is discharged from acting for the Defendants.
- Hearing date fixed for 17th June 2024.
Full Case Text
Judgment text and source record
30 paragraphs
Grofin SGB Kenya Limited v Building Consruction Concepts Ltd & 2 others (Commercial Case E004 of 2023) [2024] KEHC 4914 (KLR) (6 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4914 (KLR)
Republic of Kenya
In the High Court at Kisumu
Commercial Case E004 of 2023
RE Aburili, J
May 6, 2024
Between
Grofin SGB Kenya Limited
Plaintiff
and
Building Consruction Concepts Ltd
1st Defendant
Patrick Jackino
2nd Defendant
Christine Afande Jackino
3rd Defendant
Ruling
1. This matter is due for hearing today, having been certified as ready for hearing on 13th February 2024.
2. The parties’ advocates are present but their clients are absent. The Defendants’ counsel has however filed an application dated 14th March 2024 seeking to cease acting in this case for want of instructions.
3. The application was served on the Defendants and the Plaintiff’s counsel.
4. The Defendants were also served with a hearing Notice for today, of the said application.
5. From our CTS, I can also see that the Defendants have already instructed the firm of Hussein B. Indimuli Advocate to represent them. The said Law firm has filed a Notice of Change of Advocates dated 3rd May 2024.
6. Accordingly, as there is no objection to the firm of Anyango Owino & Associates ceasing to act for the Defendants, I allow the application dated 14th March 2024 to cease acting and discharge the said firm of Anyango Owino & Associates from this case.
7. As the Defendants have already instructed a different advocate to represent them in this matter, and as the parties are not present, I shall now fix a fresh hearing date for the case herein.
8. Hearing on 17th June 2024.
9. I make no orders as to costs of the application dated 14th March 2024.
10. This Ruling to be typed and uploaded on the CTS forthwith.
11. The Plaintiff to serve the Defendants’ counsel on record with a hearing Notice.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MAY, 2024R. E. ABURILIJUDGE