[2024] KECA 1104 (KLR)
The court found that since the advocates for the appellants had filed a notice of withdrawal of their application to cease acting, and the respondent did not oppose the withdrawal, the application should be marked as withdrawn. The court clarified that the advocates remain on record for the appellants, and there...
Source-derived case information.
- Citation
- [2024] KECA 1104 (KLR)
- Parties
- Appellant: Julius Ochieng Oloo; Appellant: Florence Thira Ochieng; Respondent: Lilian Wanjiku Gitonga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 148 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Application to Cease Acting
- Outcome
- Application marked as withdrawn; advocates remain on record; no order as to costs.
- Judges
- K M'Inoti
- Legal Topics
- Withdrawal of Advocate, Leave to Cease Acting, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Ochieng Oloo
Appellant
Florence Thira Ochieng
Appellant
Lilian Wanjiku Gitonga
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Cease Acting
Legal Issues
- 1 Whether the advocates for the appellants should be granted leave to cease acting for their clients due to lack of instructions.
- 2 Whether the withdrawal of the application to cease acting should be allowed.
Ratio Decidendi
The court found that since the advocates for the appellants had filed a notice of withdrawal of their application to cease acting, and the respondent did not oppose the withdrawal, the application should be marked as withdrawn. The court clarified that the advocates remain on record for the appellants, and there would be no orders as to costs. The decision was made in accordance with Rule 54 of the Court of Appeal Rules, which governs applications by advocates to cease acting and the withdrawal of such applications.
Court Disposition
Application marked as withdrawn; advocates remain on record; no order as to costs.
Orders
- The application dated 25th September 2023 by Messrs. Ongoya & Wambora Advocates to cease acting for the appellants is marked as withdrawn under rule 54 of the Court of Appeal Rules.
- Messrs. Ongoya & Wambora Advocates shall continue to be on record for the appellants.
Full Case Text
Judgment text and source record
22 paragraphs
Oloo & another v Gitonga (Civil Appeal (Application) 148 of 2018) [2024] KECA 1104 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KECA 1104 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 148 of 2018
K M'Inoti, JA
August 19, 2024
Between
Julius Ochieng Oloo
1st Appellant
Florence Thira Ochieng
2nd Appellant
and
Lilian Wanjiku Gitonga
Respondent
Ruling
1. The motion on notice dated 25th September 2023 is taken out by Messrs.Ongoya and Wambora Advocates, who are on record for both the appellants in Civil Appeal No. 148 of 2018. The said firm of advocates prays for leave to cease acting for the appellants on the basis that they have been unable to get in touch with them for purposes of obtaining instructions.
2. There is no response to the application by the respondent.
3. The application was fixed for hearing before me on 22nd May 2024. However, upon perusing the record, I noticed that on 17th December 2023, the said advocates had a change of mind and filed a notice of withdrawal of their application to cease from acting.
4. The notice of withdrawal of the application is not opposed by the respondent, whose advocates, Messers Njeru Gitonga & Company Advocates were duly served with the hearing notice on 13th May 2024.
5. In the circumstances, I direct that the application dated 25th September 2023 by Messrs. Ongoya & Wambora Advocates to cease acting for the appellants be and is hereby marked as withdrawn under rule 54 of the Court of Appeal Rules, with no orders on costs. For the avoidance of doubt, the firm of Messrs. Ongoya & Wambora Advocates shall continue to be on record for the appellants. It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 19TH DAY OF AUGUST, 2024. K. M’INOTI...................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR