[2010] KEHC 1994 (KLR)

[2010] KEHC 1994 (KLR)

The court found that the defendant had failed to provide instructions to his advocate despite repeated requests and correspondence. The defendant's lack of response and failure to attend court demonstrated a lack of interest in the proceedings and justified the advocate's application to withdraw. The court held that it would be unfair to compel counsel to continue acting without instructions and granted leave for the advocate to cease acting for the defendant forthwith.

Citation
[2010] KEHC 1994 (KLR)
Parties
Plaintiff: Mole Mbitha Mole; Defendant: Angore Mbitha Mole
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
24 June 2010
Case Number
Civil Suit 9 of 2007
Procedural Posture
Civil Suit / Ruling on Advocate's Application to Cease Acting
Outcome
application granted
Judges
DO Ohungo
Legal Topics
Withdrawal of Advocate, Representation, Chamber Summons, Leave to Cease Acting
Source Language
English
Civil Procedure Withdrawal of Advocate Representation Chamber Summons Leave to Cease Acting

Case Brief

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Parties

Mole Mbitha Mole

Plaintiff

Angore Mbitha Mole

Defendant

Procedural Posture

Civil Suit / Ruling on Advocate's Application to Cease Acting

Legal Issues

  1. 1 Whether the advocate for the defendant should be granted leave to withdraw from acting for the defendant for want of instructions.

Ratio Decidendi

The court found that the defendant had failed to provide instructions to his advocate despite repeated requests and correspondence. The defendant's lack of response and failure to attend court demonstrated a lack of interest in the proceedings and justified the advocate's application to withdraw. The court held that it would be unfair to compel counsel to continue acting without instructions and granted leave for the advocate to cease acting for the defendant forthwith.

Court Disposition

application granted

Orders

  • Leave is granted to the firm of Stephen Macharia Kimani Advocate to cease acting for the defendant forthwith.