[2023] KEHC 27350 (KLR)
The court found that the application by the advocate to cease acting for the applicant was properly served on the applicant, who failed to appear or oppose. Satisfied that there was want of instructions and due service, the court exercised its discretion to grant leave for the advocate to cease acting. The court...
Source-derived case information.
- Citation
- [2023] KEHC 27350 (KLR)
- Parties
- Applicant: Ranbir Singh Mangat; Respondent: Tripat Singh Mangat
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E6 of 2020
- Procedural Posture
- Succession Cause / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed; advocate granted leave to cease acting for applicant.
- Judges
- RE Aburili
- Legal Topics
- Advocate Ceasing to Act, Service of Process, Representation in Succession, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ranbir Singh Mangat
Applicant
Tripat Singh Mangat
Respondent
Procedural Posture
Succession Cause / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate for the applicant should be granted leave to cease acting for want of instructions.
- 2 Whether proper service of the application to cease acting was effected on the applicant.
Ratio Decidendi
The court found that the application by the advocate to cease acting for the applicant was properly served on the applicant, who failed to appear or oppose. Satisfied that there was want of instructions and due service, the court exercised its discretion to grant leave for the advocate to cease acting. The court further directed that all future processes and applications be served upon the applicant in person until he appoints another advocate.
Court Disposition
Application allowed; advocate granted leave to cease acting for applicant.
Orders
- Leave is granted to the firm of L. G. Menezes & Company Advocates to cease acting for the applicant Ranbir Singh Mangat forthwith.
- All processes and pending applications shall be served upon the applicant in person until he appoints another advocate.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Sukhdev Singh Mangat - Deceased (Succession Cause E6 of 2020) [2023] KEHC 27350 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEHC 27350 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E6 of 2020
RE Aburili, J
November 27, 2023
Between
Ranbir Singh Mangat
Applicant
and
Tripat Singh Mangat
Respondent
Ruling
1. Upon hearing counsel for the Applicant on the application dated 24th October 2023 which seeks leave of court to cease acting for the Applicant for want of instructions in the matter which is still pending, and upon satisfying myself that the application was duly served on the Applicant who is not here, I allow the application dated 24th October 2023 and grant leave to the firm of L. G. Menezes & Company Advocates to cease acting for the Applicant Ranbir Singh Mangat forthwith.
2. Henceforth, all processes and the applications pending on record shall be served upon the applicant in person until he appoints another advocate of his own choice to represent him in the cause.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE