[2024] KEELC 523 (KLR)

[2024] KEELC 523 (KLR)

The court found that the application by the defendant's advocate to cease acting was unopposed and had been pending for a long time. In the interest of expeditious disposal of cases and in line with the principles of justice under Article 159(2)(b) of the Constitution and Section 3 of the Environment and Land Court...

Source-derived case information.

Citation
[2024] KEELC 523 (KLR)
Parties
Plaintiff: Paul Otieno Mboga; Defendant: Mikal Oluoch Oguya
Court
Environment and Land Court
Court Station
Environment and Land Court at Homa Bay
Jurisdiction
Kenya
Case Number
Land Case 29 of 2021
Procedural Posture
Land Case / Ruling on Advocate's Application to Cease Acting
Outcome
Application allowed. Advocate granted leave to cease acting for the defendant. No order as to costs.
Judges
GMA Ongondo
Legal Topics
Advocate Ceasing to Act, Leave of Court, Environment and Land Court Procedure
Source Language
en
Land and Property Civil Procedure Advocate Ceasing to Act Leave of Court Environment and Land Court Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paul Otieno Mboga

Plaintiff

Mikal Oluoch Oguya

Defendant

Procedural Posture

Land Case / Ruling on Advocate's Application to Cease Acting

Legal Issues

  1. 1 Whether the advocate for the defendant should be granted leave to cease acting for the defendant.
  2. 2 Whether costs should be awarded for the application.

Ratio Decidendi

The court found that the application by the defendant's advocate to cease acting was unopposed and had been pending for a long time. In the interest of expeditious disposal of cases and in line with the principles of justice under Article 159(2)(b) of the Constitution and Section 3 of the Environment and Land Court Act, the court determined that the application was merited. The court therefore allowed the advocate to cease acting for the defendant and made no order as to costs.

Court Disposition

Application allowed. Advocate granted leave to cease acting for the defendant. No order as to costs.

Orders

  • The advocate on record for the defendant, G.S Okoth and Company Advocates, is granted leave to cease from further acting for the defendant.
  • There is no order as to the costs of the application.