[2013] KEHC 3381 (KLR)
The court allowed the application for withdrawal of the defendant's advocates on the basis that both parties had reached a consent, which was duly signed and presented to the court. The court adopted the consent terms as its order, thereby permitting the firm of M/s Nyamu Nyagah & Co. Advocates to cease acting for...
Source-derived case information.
- Citation
- [2013] KEHC 3381 (KLR)
- Parties
- Plaintiff: Josphat Karani; Defendant: Agnes Thirindi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 185 of 1996
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate Withdrawal Application Post Judgment
- Outcome
- Application allowed by consent; advocate permitted to withdraw.
- Judges
- FM Njoroge
- Legal Topics
- Advocate Withdrawal, Consent Orders, Post Judgment Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Karani
Plaintiff
Agnes Thirindi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Advocate Withdrawal Application Post Judgment
Legal Issues
- 1 Whether the firm of M/s Nyamu Nyagah & Co. Advocates should be allowed to withdraw from acting for the defendant.
- 2 Whether the consent terms presented by the parties should be adopted by the court.
Ratio Decidendi
The court allowed the application for withdrawal of the defendant's advocates on the basis that both parties had reached a consent, which was duly signed and presented to the court. The court adopted the consent terms as its order, thereby permitting the firm of M/s Nyamu Nyagah & Co. Advocates to cease acting for the defendant. The court further noted that the main suit had already been concluded by judgment delivered on 28th May 2010, and there was no evidence of an appeal. Therefore, the application was procedural and did not affect the substantive rights determined in the main suit.
Court Disposition
Application allowed by consent; advocate permitted to withdraw.
Orders
- By consent, the application dated 12th October is hereby allowed and the firm of M/s Nyamu Nyagah & Co. Advocates ceases from acting for the defendant.
- Costs be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Environmental & Land Case 185 of 1996 [if gte mso 9]><xml>
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JOSPHAT KARANI....................................................................................PLAINTIFF
VERSUS
AGNES THIRINDI.....................................................................................DEFENDANT
R U L I N G
This application was brought to Court by way of Chamber Summons and premised on Order 9 Rule 13 (1) of the Civil Procedure Rules 2010, Cap 21 Laws of Kenya.
The application sought Orders:
1. THATthe honourable Court be pleased to make an order that the firm of M/s Nyagah & Co. Advocates be allowed to withdraw and cease from acting for the Defendant herein.
2. THATcosts of this application be provided for.
On 29/4/2013, Mr. B. G. Kariuki for the plaintiff and Mr. Nyamu Nyagah for the defendant intimated that they had consent terms they wished recorded and adopted by the Court. They submitted to the Court their consent which they had duly signed.
The Court duly adopted the said terms. This ruling, is therefore, merely a formal declaration of the adoption of the consent terms. In the circumstances, I pronounce that the apposite consent terms have been adopted as follows:
1. By consent, the application dated 12th October is hereby allowed and the firm of M/s Nyamu Nyagah & Co. Advocates ceases from acting for the defendant.
2. Costs be in the cause.
I note that a judgment in this suit was delivered by the Hon. Lady Justice Mary Kasango, Judge, on 28th May, 2010. Unless the defendant appealed, and there is no evidence that an appeal has been filed, the said judgment is deemed to have concluded all issues germane to the suit herein.
Dated and Signed at Meru this 30th day of April 2013.
P. M. NJOROGE
JUDGE
Delivered in Open Court on 10th day of May 2013 at Meru in the presence of:
For Appellant/Applicant
For Defendant Respondents
P. M. NJOROGE
JUDGE