[2014] KEHC 2428 (KLR)
The court found that the applicant had demonstrated sufficient grounds to cease acting for the plaintiff, namely the plaintiff's failure to provide instructions and the impossibility of continued representation. The court was satisfied that proper service of the application had been effected on both the plaintiff...
Source-derived case information.
- Citation
- [2014] KEHC 2428 (KLR)
- Parties
- Plaintiff: Mutegi Mugwetwa; Defendant: Kenya Oil Co. Ltd; Applicant: Cicilio Murango Mwenda t/a Murango Mwenda & Co Advocates
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 42 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Advocate Ceasing to Act, Leave to Withdraw, Service of Application, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutegi Mugwetwa
Plaintiff
Kenya Oil Co. Ltd
Defendant
Cicilio Murango Mwenda t/a Murango Mwenda & Co Advocates
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the firm of Murango Mwenda & Co. Advocates should be granted leave to cease acting for the plaintiff.
- 2 Whether the plaintiff should bear the costs of the application.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to cease acting for the plaintiff, namely the plaintiff's failure to provide instructions and the impossibility of continued representation. The court was satisfied that proper service of the application had been effected on both the plaintiff and the defendant's advocates. As the application was unopposed, the court allowed the application and granted leave for the firm of Murango Mwenda & Co. Advocates to cease acting for the plaintiff. The court also ordered that the plaintiff bear the costs of the application.
Court Disposition
application allowed
Orders
- The firm of Murango Mwenda & Co. Advocates is granted leave to cease acting for the plaintiff, Mutegi Mugwetwa.
- The plaintiff is condemned to pay the costs of this application.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 42 OF 2007
MUTEGI MUGWETWA …................................................RESPONDENT/PLAINTIFF
VERSUS
KENYA OIL CO. LTD.....................................................RESPONDENT/DEFENDANT
AND
CICILIO MURANGO MWENDA T/A
MURANGO MWENDA & CO ADVOCATES...........................................APPLICANT
R U L I N G
This application is dated 22/1/2014 and seeks orders:
1. That the firm of Murango Mwenda & Co, Advocates be granted leave to cease acting for the plaintiff herein, MUTEGI MUGWETWA.
2. That the plaintiff be condemned to pay the costs of this application.
The applicant supported the application with the following grounds:-
(i)The plaintiff has filed to give instructions to the firm of advocates.
(ii)It has become impossible to continue with the representation.
(iii)The motion is further supported by the affidavit of the counsel acting filed together with this motion.
There is an affidavit of service indicating that this application had been served on the plaintiff and on the firm of Shapley Barret & Co, Advocates. Despite service, the plaintiff is not in Court. As a result the application is not opposed.
In the circumstances, the application is allowed.
It is so ordered.
Delivered in the Open Court at Meru this 16th day of July, 2014 in the presence of:
Cc. Lilian
Menge h/b Murango Mwenda, the Applicant
P. M. NJOROGE
JUDGE