[2024] KEHC 12454 (KLR)
The court found that the plaintiffs' advocates had demonstrated sufficient cause to cease acting, namely the plaintiffs' failure to provide instructions and refusal to heed legal advice. As the application was unopposed, the court exercised its discretion to grant leave for the advocates to withdraw from the record....
Source-derived case information.
- Citation
- [2024] KEHC 12454 (KLR)
- Parties
- Plaintiff: Sebastian Chege Kamau; Plaintiff: Jackson Kagimbi Kagina; Plaintiff: Maurice Muhoro; Respondent: County Government Of Kiambu; Respondent: National Housing Corporation
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 22 of 2019
- Procedural Posture
- Civil Case / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application for advocates to cease acting for plaintiffs allowed.
- Judges
- DO Chepkwony
- Legal Topics
- Advocate Ceasing to Act, Notice of Motion, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sebastian Chege Kamau
Plaintiff
Jackson Kagimbi Kagina
Plaintiff
Maurice Muhoro
Plaintiff
County Government Of Kiambu
Respondent
National Housing Corporation
Respondent
Procedural Posture
Civil Case / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocates for the plaintiffs should be granted leave to cease acting for the plaintiffs due to lack of instructions and refusal to take advice.
Ratio Decidendi
The court found that the plaintiffs' advocates had demonstrated sufficient cause to cease acting, namely the plaintiffs' failure to provide instructions and refusal to heed legal advice. As the application was unopposed, the court exercised its discretion to grant leave for the advocates to withdraw from the record. The costs of the application were ordered to be in the cause.
Court Disposition
Application for advocates to cease acting for plaintiffs allowed.
Orders
- The firm of Kimani Charagu & Co. Advocates is granted leave to cease acting for the plaintiffs.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
Kamau & 2 others v County Government of Kiambu & another (Civil Case 22 of 2019) [2024] KEHC 12454 (KLR) (16 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12454 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case 22 of 2019
DO Chepkwony, J
October 16, 2024
Between
Sebastian Chege Kamau
1st Plaintiff
Jackson Kagimbi Kagina
2nd Plaintiff
Maurice Muhoro
3rd Plaintiff
and
The County Government Of Kiambu
1st Respondent
National Housing Corporation
2nd Respondent
Ruling
1. This matter is for parties to take directions. Upon listening to both counsel for the parties herein and the Plaintiffs, I find that there is an application filed by way of Notice of Motion dated 9th July, 2024 in which counsel for the Applicants, Kimani Charagu & Co. Advocates have sought that they be allowed to cease acting for the Plaintiffs herein. The reason for this is that the Plaintiffs have failed to give further instructions to the firm as and when required to do so. Also that the Plaintiffs have refused to take advice of their counsel. The application is not opposed by either party.
2. In the circumstances, the Firm of M/S kimani Charagu & Co. Advocates be and are hereby granted leave to cease acting for the Plaintiffs herein.
3. Costs of the application to be in the cause.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 16 TH DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:M/S Karimi holding brief for M/S Charagu counsel for PlaintiffsMr. Kairania counsel for the DefendantCourt Assistant - Sanja