[2024] KEHC 8385 (KLR)
The court found that the application by the advocates for the appellants to cease acting was duly served and unopposed. There was no attendance by the appellants or any response to the application. In the absence of opposition and given the circumstances, the court exercised its discretion to allow the advocates to...
Source-derived case information.
- Citation
- [2024] KEHC 8385 (KLR)
- Parties
- Appellant: Wanyoike Ngunyi James; Appellant: Danson Njuguna Kamau; Respondent: Daniel K Chesimet; Respondent: Rafiki Deposit Microfinance (K) Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E026 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Application by Advocates to Cease Acting
- Outcome
- Application allowed. Advocates for the appellants granted leave to cease acting. No order as to costs.
- Judges
- PN Gichohi
- Legal Topics
- Advocate Ceasing to Act, Service of Application, Absence of Parties, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanyoike Ngunyi James
Appellant
Danson Njuguna Kamau
Appellant
Daniel K Chesimet
Respondent
Rafiki Deposit Microfinance (K) Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application by Advocates to Cease Acting
Legal Issues
- 1 Whether the advocates for the appellants should be allowed to cease acting for their clients as prayed.
- 2 Whether any orders as to costs should be made in the circumstances.
Ratio Decidendi
The court found that the application by the advocates for the appellants to cease acting was duly served and unopposed. There was no attendance by the appellants or any response to the application. In the absence of opposition and given the circumstances, the court exercised its discretion to allow the advocates to cease acting for the appellants as prayed. The court further determined that it was appropriate not to make any order as to costs in relation to the application.
Court Disposition
Application allowed. Advocates for the appellants granted leave to cease acting. No order as to costs.
Orders
- The advocates on record for the appellants are allowed to cease acting for the appellants as prayed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
James & another v Chesimet & another (Civil Appeal E026 of 2022) [2024] KEHC 8385 (KLR) (8 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8385 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Appeal E026 of 2022
PN Gichohi, J
July 8, 2024
Between
Wanyoike Ngunyi James
1st Appellant
Danson Njuguna Kamau
2nd Appellant
and
Daniel K Chesimet
1st Respondent
Rafiki Deposit Microfinance (K) Limited
2nd Respondent
Ruling
1. The chamber summons dated 12/3/2024 by the firm of Gatonye & Gatonye Advocates for Appellants is considered.
2. The same is duly served.
3. The Appellants are absent.
4. The application has not been responded to and there is no attendance by the Appellants in person.
5. In the circumstances the Advocates on record for Appellants are allowed to cease acting for the Appellants as prayed but with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 8TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr Gatonye for AppellantsMr Langat for 1st RespondentRuto, Court Assistant