[2024] KEELC 5595 (KLR)
The court found that the applicant had demonstrated sufficient cause to cease acting for the respondent, as there were no further instructions forthcoming and the respondent had been duly served but failed to respond. The application was unopposed, and the court was satisfied that the requirements for an advocate to...
Source-derived case information.
- Citation
- [2024] KEELC 5595 (KLR)
- Parties
- Plaintiff: Pamella Auma Opiyo; Defendant: Mary Atieno Osongo; Applicant: M/S G B Shilwatso & Company Advocates
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E011 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed; leave granted for advocate to cease acting
- Judges
- GMA Ongondo
- Legal Topics
- Advocate Ceasing to Act, Notice of Motion, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamella Auma Opiyo
Plaintiff
Mary Atieno Osongo
Defendant
M/S G B Shilwatso & Company Advocates
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the applicant should be granted leave to cease acting for the respondent due to lack of instructions.
- 2 Whether the application was properly served and unopposed.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause to cease acting for the respondent, as there were no further instructions forthcoming and the respondent had been duly served but failed to respond. The application was unopposed, and the court was satisfied that the requirements for an advocate to withdraw from acting had been met. Consequently, the court allowed the application, granting leave for the applicant to cease acting for the respondent, with costs in the cause.
Court Disposition
application allowed; leave granted for advocate to cease acting
Orders
- Leave is granted to M/S G B Shilwatso & Company Advocates to cease acting for the respondent, Mary Atieno Osongo.
- Costs of the application be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
Opiyo v Osongo; M/S G B Shilwatso & Company Advocates (Applicant) (Environment & Land Case E011 of 2023) [2024] KEELC 5595 (KLR) (24 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5595 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E011 of 2023
GMA Ongondo, J
July 24, 2024
Between
Pamella Auma Opiyo
Plaintiff
and
Mary Atieno Osongo
Defendant
and
M/S G B Shilwatso & Company Advocates
Applicant
Ruling
1. The applicant originated an application by way of a Notice of Motion dated 18th June 2024 for leave to cease acting and be discharged from acting for the respondent, Mary Atieno Osongo and that costs of the application be borne by the respondent.
2. The basis of the application is that the applicant has not received forthcoming instruction from the respondent to enable them continue acting for her.
3. By an affidavit of service sworn on 10th July 2024 by Mokaya Ariga Peter a duly licenced court process server, the respondent was duly served with the application. Nonetheless, she not responded to the same.
4. It is therefore, my considered view that the application is unopposed and merited.
5. Accordingly, the application is allowed in terms of leave to cease acting for the applicant and discharged from acting to her/the applicant.
6. Costs of the application be in the cause.
7. The suit is fixed for mention on 19th October 2024.
8. The respondent be served by the applicant’s counsel.
9. It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 24TH DAY OF JULY 2024. GEORGE M. A ONG’ONDOJUDGEPRESENT;1. Ms Shilwatso for the applicant2. Mr Nyakwamba for the applicant/plaintiff3. Respondent/defendant-Absent4. T Luanga court assistant.