[2019] KEELC 3456 (KLR)
The court found that although the advocate had valid grounds to seek leave to cease acting for the plaintiff due to lack of instructions and communication breakdown, the plaintiff's contrition and assurance of future cooperation led the advocate to reconsider her position. The court accepted the parties' settlement...
Source-derived case information.
- Citation
- [2019] KEELC 3456 (KLR)
- Parties
- Plaintiff: Mbaka Kathuni; Defendant: Basilio Mwiathi Mugo; Defendant: Oreste Njoka Julius
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 161 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application marked as settled; advocate to continue representing plaintiff subject to cooperation
- Judges
- FM Njoroge
- Legal Topics
- Advocate Ceasing to Act, Client Instructions, Representation Withdrawal, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbaka Kathuni
Plaintiff
Basilio Mwiathi Mugo
Defendant
Oreste Njoka Julius
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate for the plaintiff should be allowed to cease acting due to lack of instructions and communication breakdown.
- 2 Whether the plaintiff should be granted an opportunity to comply with procedural requirements and retain representation.
Ratio Decidendi
The court found that although the advocate had valid grounds to seek leave to cease acting for the plaintiff due to lack of instructions and communication breakdown, the plaintiff's contrition and assurance of future cooperation led the advocate to reconsider her position. The court accepted the parties' settlement of the issue, allowing the advocate to continue representing the plaintiff on condition of full cooperation. The application to cease acting was therefore marked as settled, and the plaintiff was directed to comply with procedural requirements within specified timelines.
Court Disposition
application marked as settled; advocate to continue representing plaintiff subject to cooperation
Orders
- Plaintiff is granted 21 days to fully comply with order 11, Civil Procedure Rules.
- Plaintiff to serve the next mention date upon the defendants' advocate within 10 days.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 161 OF 2017
FORMERLY MERU ELC. 111 OF 2012
MBAKA KATHUNI………...……………..……...……………..…….PLAINTIFF
VERSUS
BASILIO MWIATHI MUGO…………………….………..…..1ST DEFENDANT
ORESTE NJOKA JULIUS………………………………...….2ND DEFENDANT
RULING
1. This application is dated 23rd April, 2018 and seeks the following orders:
1. That Charles Kariuki & Kiome Associates, Advocates be allowed to cease acting for the applicant herein.
2. That cost be in the cause.
2. The application has the following grounds:
a) The applicant/plaintiff has failed to visit the office to give instructions to proceed with the matter.
b) The said applicant has disappeared without trace, communication between advocate and client has broken down.
3. The application is supported by the affidavit of LINDAH G. KIOME, the plaintiff’s advocate sworn on 23rd April, 2018. It states as follows:
I, LINDAH G. KIOME Advocate of P. O. BOX 2387-60200, MERU do hereby make oath and state as follows:-
1. That I am the applicant herein well versed with the matter.
2. That the firm of Charles Kariuki & Co. was instructed to appear for the plaintiff herein and I have since been in conduct of the matter.
3. That the plaintiff has failed to come to our office to give instructions and we have no contact with him.
4. That instead the plaintiff has disappeared without trace and has since not given us any instructions to proceed.
5. That we are therefore constrained to seek to cease acting for him.
6. That what is deponed to hereinabove is true to the best of my knowledge, information and belief.
4. During the hearing of the application, the plaintiff told Miss Kiome that he was contrite and that if she agreed to continue representing him in this suit, he would accord her maximum co-operation. M/S Kiome reconsidered her position and agreed to continue representing the plaintiff subject to his full cooperation, in future, in the prosecution of this suit.
5. Plaintiff is granted 21 days to fully comply with order 11, CPR.
6. Plaintiff to serve the next mention date upon Mr. Kijaru the defendants’ advocate within 10 days of today.
7. It is so ordered.
8. In the circumstances, this application is marked as settled.
Delivered in open court at Chuka this 30th day of April, 2018 in the presence of:
CA: Ndegwa
M/s Lindah Kiome – the applicant
Mbaka Kathuni – the plaintiff
P.M. NJOROGE
JUDGE