[2024] KEELC 5681 (KLR)
The court found that the applicant had demonstrated sufficient grounds to cease acting for the 8th defendant, as the 8th defendant had not properly given instructions and had already instructed another firm of advocates. The application was unopposed, and the court was satisfied that the requirements for leave to...
Source-derived case information.
- Citation
- [2024] KEELC 5681 (KLR)
- Parties
- Plaintiff: Moses Ochieng Opado; Defendant: Vincent Warindu Ongong'a & 9 others; Defendant: Penina Odero; Applicant: The Firm of Kisaka and Associates Advocates
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 24 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed. Leave granted to the applicant to cease acting for the 8th defendant. Costs in the cause.
- Judges
- GMA Ongondo
- Legal Topics
- Advocate Ceasing to Act, Leave to Withdraw, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Ochieng Opado
Plaintiff
Vincent Warindu Ongong'a & 9 others
Defendant
Penina Odero
Defendant
The Firm of Kisaka and Associates Advocates
Applicant
Procedural Posture
Environment and Land Case / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the applicant should be granted leave to cease acting for the 8th defendant.
- 2 Whether the 8th defendant has properly instructed new counsel.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to cease acting for the 8th defendant, as the 8th defendant had not properly given instructions and had already instructed another firm of advocates. The application was unopposed, and the court was satisfied that the requirements for leave to cease acting had been met. Accordingly, the court allowed the application and granted leave to the applicant to cease acting for the 8th defendant. Costs of the application were ordered to be in the cause.
Court Disposition
Application allowed. Leave granted to the applicant to cease acting for the 8th defendant. Costs in the cause.
Orders
- Leave is granted to the applicant to cease acting for the 8th defendant as sought.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
Opado (Suing as the Legal Representative of the Estate of Joel Abuodha-Deceased) v Ongong'a & 9 others (Sued as the Administrator of the Estate of Tom Ong'ong'a Warindu-Deceases); Advocates (Applicant) (Environment & Land Case 24 of 2021) [2024] KEELC 5681 (KLR) (25 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5681 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 24 of 2021
GMA Ongondo, J
July 25, 2024
Between
Moses Ochieng Opado
Plaintiff
Suing as the Legal Representative of the Estate of Joel Abuodha-Deceased
and
Vincent Warindu Ongong'a & 9 others
Defendant
Sued as the Administrator of the Estate of Tom Ong'ong'a Warindu-Deceases
and
The Firm of Kisaka and Asociates Advocates
Applicant
Ruling
1. By a Notice of Motion dated June 24, 2024, the applicant has prayed for leave to cease acting for the 8th defendant, Penina Odero and the costs of the application be in the cause.
2. The applicant’s complaint is that the 8th defendant has not properly given instructions to the applicant to continue acting for her herein.
3. The 8th defendant duly served, is absent.
4. Further, the applicant has informed the court that the 8th defendant has instructed Ochilo and Co Advocates to act for her in this suit.
5. In the premises, the application is unopposed and merited.
6. The upshot is that the application is hereby allowed in terms of leave granted to the applicant to cease acting for the 8th defendant as sought therein.
7. Costs of the application be in the cause.
8. Further hearing of the suit fixed for 14th October 2024 and PW1, PW2, PW3 and PW4 be recalled for cross examination.Orders accordingly
DATED AND DELIVERED AT HOMA BAY THIS 25TH DAY OF JULY 2024GEORGE M. A ONGONDOJUDGEPresent;Mr. B. Mulisa learned counsel for the plaintiffMs. H.Kisaka learned counsel for the 4th defendantMs. Ombaka learned counsel for the 5th defendant 6th defendant-in personMs. Sarah Juma for the 9th and 10th defendants