[2021] KECA 538 (KLR)
The court found that Amolo & Gacoka Advocates had demonstrated sufficient grounds to cease acting for the 2nd respondent, as there was no longer any contact or instructions from the client following his retirement. The 2nd respondent was properly served with the hearing notice by advertisement, and did not file any...
Source-derived case information.
- Citation
- [2021] KECA 538 (KLR)
- Parties
- Appellant: Manchester Outfitters Suiting Division Limited (now called King Woollen Mills Limited); Appellant: Galot Industries Limited; Respondent: Standard Chartered Financial Services Limited; Respondent: A.D. Gregory and C.D. Cahill
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 88 of 2000
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- application allowed
- Judges
- F Sichale
- Legal Topics
- Change of Advocate, Leave to Cease Acting, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Manchester Outfitters Suiting Division Limited (now called King Woollen Mills Limited)
Appellant
Galot Industries Limited
Appellant
Standard Chartered Financial Services Limited
Respondent
A.D. Gregory and C.D. Cahill
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether the firm of Amolo & Gacoka Advocates should be granted leave to cease acting for the 2nd respondent.
- 2 Whether proper service of the application was effected on the 2nd respondent.
Ratio Decidendi
The court found that Amolo & Gacoka Advocates had demonstrated sufficient grounds to cease acting for the 2nd respondent, as there was no longer any contact or instructions from the client following his retirement. The 2nd respondent was properly served with the hearing notice by advertisement, and did not file any response or objection. In the absence of opposition and given the circumstances, it was fair and just to grant the application for leave to cease acting.
Court Disposition
application allowed
Orders
- The motion dated 8th February, 2021 is allowed; Amolo & Gacoka Advocates are granted leave to cease acting for the 2nd respondent.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: SICHALE, JA (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 88 OF 2000
BETWEEN
MANCHESTER OUTFITTERS SUITING DIVISION LIMITED
(NOW CALLED) KING WOOLLEN MILLS LIMITED....1ST APPELLANT
GALOT INDUSTRIES LIMITED.........................................2ND APPELLANT
AND
STANDARD CHARTERED FINANCIAL
SERVICES LIMITED..........................................................1ST RESPONDENT
A.D. GREGORY AND C.D. CAHILL................................2ND RESPONDENT
(Being an appeal from the judgment of the High Court of Kenya at Nairobi (E.M. Githinji,J) dated 30th July, 1999
in HCCC NO. 5002 OF 1990)
**************
RULING
The motion dated 8th February, 2021 came up for hearing before me on 22ndMarch, 2021. In the motion, the applicant, the firm ofAmolo & GacokaAdvocates applied for an order to cease acting for A.D Gregory, the 2nd respondent herein.
The motion is supported by the affidavit of James Gacoka Advocates sworn on 8th February, 2021 and on the grounds on the face of the motion. Briefly, the applicant’s position is that it was initially acting for the 1st and 2nd respondent; that in November, 2020, the 1st respondent appointed the firm of Oraro & Co. Advocatesto act on its behalf; that the 2nd respondent was the managing partner of KPMG, an audit firm and who was the joint receiver appointed by the 1st respondent; that since the retirement of the 2nd respondent from practice, the said firm (KPMG) has had no contact with the applicant.
There was no replying affidavit filed by the 2nd respondent who was served with a hearing notice by advertisement in the Standard Newspaper of12thMarch, 2021.
In view of the above, I think it is only fair that the firm of Amolo & Gacoka Advocatesshould be granted leave to cease acting for the 2nd respondent.
Accordingly, the motion dated 8th February, 2021 is hereby allowed. I make no order as to costs.
Dated and Delivered at Nairobi this 21stDay of May, 2021.
F. SICHALE
......................................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR