[2014] KEHC 7397 (KLR)
The court found that the plaintiff had withdrawn instructions from N.O. Sumba and Company Advocates and instructed another firm, though no notice of change had been filed. The application to cease acting was unopposed by both the plaintiff and the defendants. The court was satisfied that the applicant had...
Source-derived case information.
- Citation
- [2014] KEHC 7397 (KLR)
- Parties
- Plaintiff: Paul Nzomo Mwitiki; Defendant: Ndambuki Kisongwe; Defendant: Margaret Kaveke Kyengo
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 25 of 2004
- Procedural Posture
- Civil Case / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Change of Advocates, Withdrawal of Counsel, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Nzomo Mwitiki
Plaintiff
Ndambuki Kisongwe
Defendant
Margaret Kaveke Kyengo
Defendant
Procedural Posture
Civil Case / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the firm of N.O. Sumba and Company Advocates should be granted leave to cease acting for the plaintiff.
- 2 Whether the plaintiff should be ordered to pay costs of the application.
Ratio Decidendi
The court found that the plaintiff had withdrawn instructions from N.O. Sumba and Company Advocates and instructed another firm, though no notice of change had been filed. The application to cease acting was unopposed by both the plaintiff and the defendants. The court was satisfied that the applicant had demonstrated sufficient cause for the orders sought and therefore allowed the application as prayed, including the order for costs against the plaintiff.
Court Disposition
application allowed
Orders
- Leave is granted for the firm of N.O. Sumba and Company Advocates to cease acting for the plaintiff.
- The plaintiff shall pay the costs of the application.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL CASE NO. 25 OF 2004
PAUL NZOMO MWITIKI ….................................. PLAINTIFF
VERSUS
NDAMBUKI KISONGWE ….......................... 1ST DEFENDANT
MARGARET KAVEKE KYENGO ................... 2ND DEFENDANT
R U L I N G
The application dated 13th November, 2013 by way of Chamber Summons is for leave for the firm of N.O. Sumba and Company Advocates to cease acting for the plaintiff. It also seeks an order that the plaintiff pays costs.
It is supported by an affidavit deponed by Nicholas Sumba, Advocate who states that the plaintiff who had retained the firm of N.O. Sumba and Company Advocates as advocates in this matter has withdrawn instructions and instructed the firm of Matata and Company Advocates though they have not filed a notice of change of advocates.
Though served with the application the plaintiff failed and or neglected to respond to the application. The respondents/defendants did not oppose the application. In the premises the applicant has demonstrated a case for issuance of the order sought. Consequently, the application is allowed as prayed.
It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this23RD day of JANUARY, 2014.
L.N. MUTENDE
JUDGE