Manyara v M’Imunya [2025] KEELC 3842 (KLR)
- Citation
- [2025] KEELC 3842 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Environment and Land Court
- Panel
- BM Eboso
- Case number
- Environment and Land Appeal E015 of 2023
- Language
- English
More details
- Court
- Environment and Land Court
- Panel
- BM Eboso
- Case number
- Environment and Land Appeal E015 of 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that since the application by the appellant's advocates to cease acting was unopposed, there was no reason to deny the application. The absence of opposition indicated that the parties did not contest the withdrawal, and the court exercised its discretion to allow the advocates to cease acting for the appellant. The order was made in accordance with the applicable procedural rules governing change of advocates and withdrawal from the record.
Court disposition
Application allowed. Leave granted for Gikonyo & Ngugi Advocates to cease acting for the appellant.
Orders
- The notice of motion dated 5/2/2015 is allowed.
- Leave is granted for Gikonyo & Ngugi Advocates to cease acting for the appellant.
02
Material facts
Parties
Ignatius Manyara
Appellant Counsel: Gikonyo & Ngugi AdvocatesCosmas M’Imunya
Respondent03
Procedural history
Posture
Environment and Land Appeal / Ruling on Advocate's Application to Cease Acting
04
Questions and positions
Legal issues
Whether the firm of Gikonyo & Ngugi Advocates should be granted leave to cease acting for the appellant.
Party arguments
- Applicant
- The firm of Gikonyo & Ngugi Advocates sought leave to cease acting for the appellant through a notice of motion dated 5/2/2015. No reasons for opposition were presented, and the application was unopposed.
- Respondent
- The respondent did not oppose the application and did not file any response or submissions.
05
Court’s reasoning
Legal principles
- 01
Order 9 Rule 13 of the Civil Procedure Rules
Where an application by advocates to cease acting is unopposed, the court may grant the application as a matter of course.
06
Ratio, limits and disposition
Ratio decidendi
The court found that since the application by the appellant's advocates to cease acting was unopposed, there was no reason to deny the application. The absence of opposition indicated that the parties did not contest the withdrawal, and the court exercised its discretion to allow the advocates to cease acting for the appellant. The order was made in accordance with the applicable procedural rules governing change of advocates and withdrawal from the record.
Court disposition
Application allowed. Leave granted for Gikonyo & Ngugi Advocates to cease acting for the appellant.
- The notice of motion dated 5/2/2015 is allowed.
- Leave is granted for Gikonyo & Ngugi Advocates to cease acting for the appellant.
Source and reliance status
Environment and Land Court
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Judgment reading view
Judgment text
The complete available source text.
Environment and Land Court
Judgment
Manyara v M’Imunya (Environment and Land Appeal E015 of 2023) [2025] KEELC 3842 (KLR) (13 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3842 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Appeal E015 of 2023
BM Eboso, J
May 13, 2025
Between
Ignatius Manyara
Appellant
and
Cosmas M’Imunya
Respondent
Ruling
1. Through a notice of motion dated 5/2/2015 the firm of Gikonyo & Ngugi Advocates seeks leave to cease acting for the appellant. The application is unopposed. In the absence of any opposition to the application, the same shall be allowed. It is so ordered.
DATED, SIGNED AND DELIVERED AT MERU THIS 13TH DAY OF MAY 2025B M EBOSO [MR]JUDGE
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