[2021] KEHC 6648 (KLR)
The court held that since there was no indication that the appellant had been served with the notice of withdrawal and the application to cease acting, it would be contrary to the rules of natural justice to proceed or make any adverse orders. The court therefore vacated the ruling date and directed that the...
Source-derived case information.
- Citation
- [2021] KEHC 6648 (KLR)
- Parties
- Appellant: Kennedy Mutinda Morris; Respondent: Flare Rescue Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 245 of 2019
- Procedural Posture
- Civil Appeal / Directions on Advocate's Application to Cease Acting and Service of Withdrawal Notice
- Outcome
- Ruling date vacated; directions issued for proper service of withdrawal notice and application to cease acting.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Withdrawal of Advocate, Service of Process, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Mutinda Morris
Appellant
Flare Rescue Kenya
Respondent
Procedural Posture
Civil Appeal / Directions on Advocate's Application to Cease Acting and Service of Withdrawal Notice
Legal Issues
- 1 Whether the advocate for the appellant can withdraw from acting without serving the appellant with the notice of withdrawal and application to cease acting.
- 2 Whether the court can proceed to make adverse orders against a party not properly served with notice of withdrawal by their advocate.
Ratio Decidendi
The court held that since there was no indication that the appellant had been served with the notice of withdrawal and the application to cease acting, it would be contrary to the rules of natural justice to proceed or make any adverse orders. The court therefore vacated the ruling date and directed that the appellant be served with the relevant documents before any further steps are taken. This ensures that the appellant is accorded a fair opportunity to respond and is not prejudiced by the withdrawal of their advocate without notice.
Court Disposition
Ruling date vacated; directions issued for proper service of withdrawal notice and application to cease acting.
Orders
- The ruling date is vacated.
- The firm of Maruja and Amunga Advocates is ordered to serve the appellant with the withdrawal notice and Chamber Summons application dated 11th May, 2021.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 245 OF 2019
KENNEDY MUTINDA MORRIS...............................................APPELLANT
VERSUS
FLARE RESCUE KENYA ......................................................RESPONDENT
DIRECTIONS
This matter was set for ruling today 27th May, 2021. Subsequently, the advocate then on record for the appellant lodged an application by way of Chamber Summons dated 11th May, 2021 seeking an order that leave be granted to withdraw and or cease acting for the appellant.
There was also filed, a Notice of withdrawal from acting for the appellant in this appeal. The application and the notice of withdrawal were to be served upon the advocates for the respondent and the Chief Magistrate. However, there is no indication that the appellant was served, yet it is the appellant who was represented by counsel now withdrawing from the appeal.
No adverse order may be made against a party by an advocate already on record and without notice. Accordingly, the ruling date is hereby vacated and the firm of Maruja and Amunga Advocates ordered to serve the appellant with the withdrawal notice and the Chamber summons application dated 11th May, 2021. This matter shall then be mentioned before the Duty Judge on 22nd June, 2021 for directions.
Dated, signed and delivered at NAIROBI this 27th day of May, 2021.
A. MBOGHOLI MSAGHA
JUDGE
In the presence of:
N/A for the appellant.
Ms. Wataka for the respondent.