[2021] KECA 203 (KLR)
The court found that the application by Kingara & Company Advocates to cease acting for the 1st respondent was merited because the 1st respondent had been uncooperative and failed to provide instructions, and had already engaged a new firm of advocates. There was no opposition to the application, and a Notice of...
Source-derived case information.
- Citation
- [2021] KECA 203 (KLR)
- Parties
- Appellant: Charles Okindo Oteki; Respondent: Joseph Warari Gathoga; Respondent: Martha Wamaitha Ngunjiri (Being Administrator of the Estate of Jackson Githua Ngunjiri); Respondent: Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E509 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- F Sichale
- Legal Topics
- Change of Advocates, Leave to Cease Acting, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Okindo Oteki
Appellant
Joseph Warari Gathoga
Respondent
Martha Wamaitha Ngunjiri (Being Administrator of the Estate of Jackson Githua Ngunjiri)
Respondent
Attorney General
Respondent
Procedural Posture
Civil Appeal / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the firm of Kingara & Company Advocates should be granted leave to cease acting for the 1st respondent due to lack of cooperation and instructions from the client.
Ratio Decidendi
The court found that the application by Kingara & Company Advocates to cease acting for the 1st respondent was merited because the 1st respondent had been uncooperative and failed to provide instructions, and had already engaged a new firm of advocates. There was no opposition to the application, and a Notice of Change of Advocates had been filed. Therefore, the court granted leave for Kingara & Company Advocates to cease acting for the 1st respondent.
Court Disposition
application allowed
Orders
- The firm of Kingara & Company Advocates is granted leave to cease acting for the 1st respondent.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
Oteki v Gathoga & 2 others (Civil Appeal (Application) E509 of 2020) [2021] KECA 203 (KLR) (Civ) (5 November 2021) (Ruling)
Neutral citation number: [2021] KECA 203 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E509 of 2020
F Sichale, JA
November 5, 2021
Between
Charles Okindo Oteki
Appellant
and
Joseph Warari Gathoga
1st Respondent
Martha Wamaitha Ngunjiri (Being Administrator of the Estate of Jackson Githua Ngunjiri)
2nd Respondent
Attorney General
3rd Respondent
Ruling
1. Before me is a motion dated 26th May 2021 and brought pursuant to the provisions of Rule 22 (2) of the Court of Appeal Rules in which the firm of Kingara & Company Advocates seek to be granted leave to cease acting for the 1st respondent- Joseph Warari Gathoga.
2. The application is premised on the grounds that the 1st respondent has been un-cooperative in giving instructions to the said firm of advocates and has not been responding to communication over the matter and that as a result it has been impossible for the said firm of Advocates to continue acting for him.
3. The application is not opposed. As a matter of fact, the 1st respondent has already filed a Notice of Change of Advocates dated 10th June 2021, through the firm of Nzavi and Company Advocates.
4. Accordingly, the application dated 26th May 2021 is merited and the same is hereby allowed as prayed. The firm of Kingara and Company Advocates is hereby granted leave to cease acting for the 1st respondent.
5. Costs shall be in the cause.
Dated and delivered at Nairobi this 5thday of November, 2021. F. SICHALE......................................JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR