[2023] KEELC 936 (KLR)
The court found the application by M/s Oguttu Mboya, Ochwal & Partners Advocates to be meritorious, noting that the plaintiffs' prospective new counsel had indicated an intention to file a notice of change of advocates and that there was no opposition to the application. The court exercised its discretion to allow...
Source-derived case information.
- Citation
- [2023] KEELC 936 (KLR)
- Parties
- Plaintiff: Edward O Okul; Plaintiff: Tom Mboya Okul; Defendant: Charles Oluoch Wakay (legal administrator of Zakayo Wakaya Got - Deceased); Defendant: Julius Otieno Akicho; Defendant: Dharmesh Kumar Kanubhai Patel; Defendant: Juma Dandi Okello; Applicant: M/S Oguttu Mboya, Ochwal & Partners Advocates
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 26 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Change of Advocates, Leave to Cease Acting, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward O Okul
Plaintiff
Tom Mboya Okul
Plaintiff
Charles Oluoch Wakay (legal administrator of Zakayo Wakaya Got - Deceased)
Defendant
Julius Otieno Akicho
Defendant
Dharmesh Kumar Kanubhai Patel
Defendant
Juma Dandi Okello
Defendant
M/S Oguttu Mboya, Ochwal & Partners Advocates
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the court should grant leave to the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates to cease acting for the plaintiffs.
- 2 Whether the firm should be discharged from acting for the plaintiffs.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found the application by M/s Oguttu Mboya, Ochwal & Partners Advocates to be meritorious, noting that the plaintiffs' prospective new counsel had indicated an intention to file a notice of change of advocates and that there was no opposition to the application. The court exercised its discretion to allow the firm to cease acting for the plaintiffs and discharged them from the record. No order as to costs was made, reflecting the absence of contest and the parties' apparent agreement on the change of representation.
Court Disposition
application allowed
Orders
- Leave is granted to M/s Oguttu Mboya, Ochwal & Partners Advocates to cease acting for the plaintiffs.
- M/s Oguttu Mboya, Ochwal & Partners Advocates is discharged from acting for the plaintiffs Edward O Okul and Tom Mboya Okul.
Full Case Text
Judgment text and source record
33 paragraphs
Okul & another (Suing as the legal administrator of the Estate of Barack Deya Okul-Deceased) v Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased) & 3 others; M/S Oguttu Mboya, Ochwal & Partiners Advocates (Applicant) (Environment & Land Case 26 of 2021) [2023] KEELC 936 (KLR) (14 February 2023) (Ruling)
Neutral citation: [2023] KEELC 936 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 26 of 2021
GMA Ongondo, J
February 14, 2023
Between
Edward O Okul
1st Plaintiff
Tom Mboya Okul
2nd Plaintiff
Suing as the legal administrator of the Estate of Barack Deya Okul-Deceased
and
Charles Oluoch Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased)
1st Defendant
Julius Otieno Akicho
2nd Defendant
Dharmesh Kumar Kanubhai Patel
3rd Defendant
Juma Dandi Okello
4th Defendant
and
M/S Oguttu Mboya, Ochwal & Partiners Advocates
Applicant
Ruling
1. On February 13, 2023, the firm of Oguttu Mboya Ochwal and Partners Advocates for the plaintiffs, lodged an application by way of a notice of motion dated February 10, 2023 seeking the following orders:a.The Honourable court be pleased to grant Leave and/or liberty to the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates, to cease acting for the plaintiffs.b.Consequently, the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates, be discharged from acting for the plaintiffs herein, Edward O. Okul And Tom Mboya Okul.c.Costs of this Application be borne by the plaintiffs.d.Such further and or other orders be made as the court may deem fit and expedient.
2. Mr. Mandela Migele, learned Counsel instructed by W. Ochwal learned Counsel of M/S Ogutu Mboya, Ochwal and partners Advocates, has urged the court to allow the application.
3. Learned Counsel, Mr. M. Osoro holding brief for the firm of Odhiambo Oranga and Company Advocates has informed this court that:“We intend to file notice of change of advocates for plaintiff. Parties may settle matter out of court”
4. I have considered the application in its entirety. In the obtaining circumstances, I find the same meritorious.
5. Accordingly, the application is hereby allowed in terms of orders 1 and 2 sought therein and as stated in paragraph 1(a) and (b) hereinabove.
6. No orders as to costs.It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 14TH DAY OF FEBRUARY, 2023. G.M.A ONG’ONDOJUDGEPresent:Mr. Mandela Migele holding brief for Ms Ochwal learned counsel for the plaintiff.Mr. J. Otieno holding brief for Bana learned counsel for the 1st and 2nd defendants.Mr. M. Osoro prospective counsel for the plaintiffsOkello and Fiona, Court Assistant.