[2023] KEELC 18997 (KLR)
The court found that since the defendants and their counsel had resolved the issue and the counsel had received further instructions, there was no reason to deny the withdrawal of the application. The court held that the parties and their counsel are best placed to determine the conduct of their case, and thus...
Source-derived case information.
- Citation
- [2023] KEELC 18997 (KLR)
- Parties
- Plaintiff: Omolo Orinde; Defendant: Ochiaga Rachuonyo; Defendant: Elkana Ose; Defendant: Abuya Alwala
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 38 of 2021
- Procedural Posture
- Notice of Motion / Ruling on Application for Advocate to Cease Acting
- Outcome
- Application marked as withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Counsel, Notice of Motion, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omolo Orinde
Plaintiff
Ochiaga Rachuonyo
Defendant
Elkana Ose
Defendant
Abuya Alwala
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Advocate to Cease Acting
Legal Issues
- 1 Whether Ochillo and Company Advocates should be granted leave to cease acting for the defendants in this suit.
- 2 Whether the withdrawal of the application by the defendants' counsel should be allowed without an order as to costs.
Ratio Decidendi
The court found that since the defendants and their counsel had resolved the issue and the counsel had received further instructions, there was no reason to deny the withdrawal of the application. The court held that the parties and their counsel are best placed to determine the conduct of their case, and thus allowed the withdrawal of the application without making any order as to costs.
Court Disposition
Application marked as withdrawn with no order as to costs.
Orders
- The application dated February 16, 2023 is marked as withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Orinde v Rachuonyo & 2 others (Environment & Land Case 38 of 2021) [2023] KEELC 18997 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18997 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 38 of 2021
GMA Ongondo, J
July 27, 2023
Between
Omolo Orinde
Plaintiff
and
Ochiaga Rachuonyo
1st Defendant
Elkana Ose
2nd Defendant
Abuya Alwala
3rd Defendant
Ruling
1. By a notice of motion dated February 16, 2023 pursuant to Order 9 rule 13 (1) of the Civil Procedure Rules, 2010 the firm of Ochillo and Company Advocates for the defendants sought the following orders:a.That the Honourable court be pleased to grant an order to Ochillo and Company Advocates to cease acting for the defendants herein in this suit.b.That costs of this application be provided for.
2. Mr. Jack Bunde of Ochillo and Company Advocates for the defendants has applied for withdrawal of the application on grounds that:“the defendants appeared and gave us further instructions.”
3. Clearly, there is no issue as regards to with the withdrawal of the application as the defendants and their counsel are the best judges of their own case as held in Butt -versus -Rent Restriction Tribunal(1979) eKLR.
4. I therefore, find the said withdrawal meritorious.
5. Accordingly, the application dated February 16, 2023 is hereby marked as withdrawn with no orders as to costs.
6. Ordered accordingly.
DELIVERED DATED AND SIGNED AT HOMABAY THIS 27TH DAY OF JULY 2023. G.M.A ONG’ONDOJUDGEPresent.J. Bunde, learned counsel for the defendants.