[2021] KECA 676 (KLR)
The court found that the law firm of Ishi Kalsi & Co. Advocates had demonstrated sufficient cause for withdrawal, namely the applicant's failure to cooperate and provide instructions. The court exercised its discretion to grant leave for the advocates to cease acting, ensuring that all future court documents would...
Source-derived case information.
- Citation
- [2021] KECA 676 (KLR)
- Parties
- Applicant: Kaushik S. Bhatt; Respondent: Darshna Kaushik Bhatt
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 271 of 2018
- Procedural Posture
- Civil Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed. Leave granted for advocates to cease acting.
- Legal Topics
- Withdrawal of Advocate, Leave to Cease Acting, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaushik S. Bhatt
Applicant
Darshna Kaushik Bhatt
Respondent
Procedural Posture
Civil Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate for the applicant should be granted leave to withdraw from acting due to lack of cooperation and instructions from the client.
Ratio Decidendi
The court found that the law firm of Ishi Kalsi & Co. Advocates had demonstrated sufficient cause for withdrawal, namely the applicant's failure to cooperate and provide instructions. The court exercised its discretion to grant leave for the advocates to cease acting, ensuring that all future court documents would be served directly on the applicant. The decision upholds the principle that advocates should not be compelled to act for clients who do not cooperate or instruct them, and that proper procedure for withdrawal was followed.
Court Disposition
Application allowed. Leave granted for advocates to cease acting.
Orders
- The law firm of Ishi Kalsi & Co. Advocates is granted leave to cease acting for the applicant.
- All future court documents shall be served on the applicant personally.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: MAKHANDIA, JA IN CHAMBERS)
CIVIL APPLICATION NO. 271 OF 2018
BETWEEN
KAUSHIK S. BHATT..................................................................................................APPLICANT
AND
DARSHNA KAUSHIK BHATT..............................................................................RESPONDENT
(An Application for stay of execution of Orders and Stay of execution of the Order and Judgment
dated 27th July, 2018 pending the hearing and final determination of an intended appeal from the
Judgment and Order of the High Court of Kenya at Nairobi (Musyoki, J) dated 27thJuly, 2018
*****************************************************************
RULING
By a Notice of Motion dated 9th March, 2021 the firm of Messrs Ishi Kalsi & Co. Advocates hither to on record for the applicant sought to withdraw from acting for the applicant, Darshna Kaushik Bhatt. The reasons advanced in support of the application are that the applicant has failed to cooperate and give instructions to the law firm.
As a result, the law firm is not in a position to continue acting for and on behalf of the applicant. I allow the application as prayed. Accordingly, the law firm of Ishi Kalsi & Co. Advocate is hereby granted leave to cease acting for and representing the applicant. Henceforth all Court documents shall be served on the applicant personally.
DATED AND DELIVERED AT NAIROBI THIS 23RDDAY OF APRIL, 2021
ASIKE-MAKHANDIA
..................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR