[2021] KECA 383 (KLR)
The court found that the application by counsel for the 1st, 2nd, and 3rd respondents to cease acting was properly brought under the relevant rules of the Court of Appeal. The supporting affidavit was considered, and there was no opposition to the application. The court held that, in accordance with Rule 23(2) of...
Source-derived case information.
- Citation
- [2021] KECA 383 (KLR)
- Parties
- Appellant: Mauricio Marino; Appellant: Amici Miei Ltd; Respondent: Daniel Bernhard; Respondent: Shahim Abdulrehman Adam; Respondent: Khatijabhai Abdulrehman Adam; Respondent: Serabanu Abdulrehman Adam
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 85 of 2019
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- application allowed
- Judges
- KI Laibuta
- Legal Topics
- Advocate Ceasing to Act, Leave of Court, Court of Appeal Rules, Notice of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mauricio Marino
Appellant
Amici Miei Ltd
Appellant
Daniel Bernhard
Respondent
Shahim Abdulrehman Adam
Respondent
Khatijabhai Abdulrehman Adam
Respondent
Serabanu Abdulrehman Adam
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether counsel for the 1st, 2nd, and 3rd respondents should be granted leave to cease acting for their clients in the appeal.
- 2 Whether the application complies with the relevant provisions of the Court of Appeal Rules.
Ratio Decidendi
The court found that the application by counsel for the 1st, 2nd, and 3rd respondents to cease acting was properly brought under the relevant rules of the Court of Appeal. The supporting affidavit was considered, and there was no opposition to the application. The court held that, in accordance with Rule 23(2) of the Court of Appeal Rules, leave should be granted for counsel to cease acting, effective upon service of the order on the affected respondents. The court also noted that there would be no order as to costs.
Court Disposition
application allowed
Orders
- Counsel for the 1st, 2nd, and 3rd respondents be deemed as having ceased to act for the 1st, 2nd, and 3rd respondents upon service of this order on them.
- There be no orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: DR. K. I. LAIBUTA, J.A. (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 85 OF 2019
BETWEEN
MAURICIO MARINO .............................................. 1STAPPELLANT
AMICI MIEI LTD..................................................... 2NDAPPELLANT
VERSUS
DANIEL BERNHARD ............................................1STRESPONDENT
SHAHIM ABDULREHMAN ADAM ....................2NDRESPONDENT
KHATIJABHAI ABDULREHMAN ADAM.........3RDRESPONDENT
SERABANU ABDULREHMAN ADAM................4THRESPONDENT
(Being an application for leave to cease acting for the 1st,2ndand 3rdRespondentsinMombasa Civil Appeal No 101 of 2019)
******************
RULING
By a Notice of Motion dated 29th November 2019 and made under Rules 2, 42(1) and 43(1) of the Court of Appeal Rules, counsel for the 1st, 2nd and 3rd Respondents,M/s. Chepkwonyand Associates, seek leave to cease from acting for the 1st, 2nd and 3rd Respondents. Their application is supported by the affidavit of JacklineChepkuruiChepkwony sworn on 29th November 2019 and is made on grounds set out on the face of the Motion.
I have read Ms. Chepkwony’s supporting affidavit and appreciate its contents. Other than Rules 42 and 43, which relate to form, it is not clear on what grounds Rule 2 is invoked. 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 applyby 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 the party of a certified copy of the order of the Judge.
Accordingly,I hereby order and direct that –
a. counsel for the 1st, 2nd and 3rd Respondents be deemed as having ceased to act for the 1st, 2nd and 3rd Respondents on service upon the three Respondents of this order;
b. there be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 23RDDAY OF JULY, 2021
DR. K. I. LAIBUTA
.....................................
JUDGE OF APPEAL
I certify that this is aTrue copy of the original
Signed
DEPUTY REGISTRAR