[2022] KECA 159 (KLR)
The court found that the application by counsel for the 2nd Respondent complied with the requirements of Rule 23(2) of the Court of Appeal Rules. Upon consideration of the supporting affidavit and the absence of opposition, the court granted leave for the advocates to cease acting for the 2nd Respondent, effective...
Source-derived case information.
- Citation
- [2022] KECA 159 (KLR)
- Parties
- Appellant: Kenya Bankers Association; Respondent: Banking Insurance and Finance Union (K); Respondent: Bank of Baroda (K) Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 248 of 2019
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- Application allowed. Leave granted for counsel to cease acting for the 2nd Respondent upon service of the order. No order as to costs.
- Judges
- KI Laibuta
- Legal Topics
- Advocate Ceasing to Act, Leave of Court, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Bankers Association
Appellant
Banking Insurance and Finance Union (K)
Respondent
Bank of Baroda (K) Limited
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether counsel for the 2nd Respondent should be granted leave to cease acting for their client in accordance with Rule 23(2) of the Court of Appeal Rules.
Ratio Decidendi
The court found that the application by counsel for the 2nd Respondent complied with the requirements of Rule 23(2) of the Court of Appeal Rules. Upon consideration of the supporting affidavit and the absence of opposition, the court granted leave for the advocates to cease acting for the 2nd Respondent, effective upon service of the order. The court made no order as to costs.
Court Disposition
Application allowed. Leave granted for counsel to cease acting for the 2nd Respondent upon service of the order. No order as to costs.
Orders
- Counsel for the 2nd Respondent be deemed as having ceased to act for the 2nd Respondent on service upon them of this order.
- There be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Kenya Bankers Association v Banking Insurance and Finance Union (K) & another (Civil Appeal (Application) 248 of 2019) [2022] KECA 159 (KLR) (18 February 2022) (Ruling)
Neutral citation: [2022] KECA 159 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 248 of 2019
K.I Laibuta, JA
February 18, 2022
Between
Kenya Bankers Association
Appellant
and
Banking Insurance and Finance Union (K)
1st Respondent
Bank of Baroda (K) Limited
2nd Respondent
(Being an application for leave to cease acting for the 2nd Respondent)
Ruling
1. By a Notice of Motion dated 1st December 2021 and made under Rule 23(2) of the Court of Appeal Rules, counsel for the 2nd Respondent, M/s. Anjarwalla Khanna LLP Advocates, seeks leave to cease from acting for the 2nd Respondent, Bank of Baroda (K) Limited. Their application is supported by the affidavit of Mr. Elly Obegi, an associate at the firm of M/s. Anjarwalla Khanna LLP Advocates, sworn on 1st December 2021, and is made on grounds set out on the face of the Motion.
2. I have read Mr. Obegi’s Supporting affidavit and appreciate its contents. Rule 23(2) of the Court of Appeal Rules requires an advocate who desires to cease acting for any party in a civil appeal or application to apply by Notice of Motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on that party of a certified copy of the order of the Judge.
3. Accordingly, I hereby order and direct that –a.counsel for the 2nd Respondent be deemed as having ceased to act for the 2nd Respondent on service upon them of this order;b.there be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 18THDAY OF FEBRUARY, 2022DR. K. I. LAIBUTA.....................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR