[2023] KEELC 18023 (KLR)
The court found that the application by W.O Ochuka and Company Advocates to cease acting for the ex-parte applicants was merited, as the matter had been settled and there was no objection from the interested party or involvement from the respondents. The court exercised its discretion to allow the application and...
Source-derived case information.
- Citation
- [2023] KEELC 18023 (KLR)
- Parties
- Applicant: Republic; Respondent: Homabay District Land Registrar; Respondent: Homabay District Land Surveyor; Respondent: The Hon Attorney General; Applicant: Rawlings Onyango Mbai; Applicant: Samwel Odhiambo Dudu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E001 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed; costs awarded to ex-parte applicant's counsel; matter marked as settled.
- Judges
- GMA Ongondo
- Legal Topics
- Change of Advocate, Withdrawal of Counsel, Costs Award, Settlement of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Homabay District Land Registrar
Respondent
Homabay District Land Surveyor
Respondent
The Hon Attorney General
Respondent
Rawlings Onyango Mbai
Applicant
Samwel Odhiambo Dudu
Applicant
Procedural Posture
Civil Appeal / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the firm of W.O Ochuka and Company Advocates should be granted leave to cease acting for the ex-parte applicants.
- 2 Whether costs should be awarded for the application.
Ratio Decidendi
The court found that the application by W.O Ochuka and Company Advocates to cease acting for the ex-parte applicants was merited, as the matter had been settled and there was no objection from the interested party or involvement from the respondents. The court exercised its discretion to allow the application and awarded costs to the applicant's counsel, marking the matter as settled.
Court Disposition
Application allowed; costs awarded to ex-parte applicant's counsel; matter marked as settled.
Orders
- The firm of W.O Ochuka and Company Advocates is granted leave to cease acting for the ex-parte applicants.
- Costs of the application are awarded to W.O Ochuka and Company Advocates.
Full Case Text
Judgment text and source record
31 paragraphs
Republic v Homabay District Land Registrar & 2 others; Mbai & another (Exparte) (Civil Appeal E001 of 2022) [2023] KEELC 18023 (KLR) (7 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18023 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Civil Appeal E001 of 2022
GMA Ongondo, J
June 7, 2023
Between
Republic
Applicant
and
Homabay District Land Registrar
1st Respondent
Homabay District Land Surveyor
2nd Respondent
The Hon Attorney General
3rd Respondent
and
Rawlings Onyango Mbai
Exparte
Samwel Odhiambo Dudu
Exparte
Ruling
1. The instant ruling is in regard to a Notice of Motion dated March 22, 2023 (the application) for the following Orders:a.The firm of M/s W.O Ochuka and Company Advocates be granted leave to cease acting for the ex-parte applicants in this suit.b.The costs of this application be provided for.
2. Ms. Ochieng instructed by the firm of W.O Ochuka and Company Advocates for the ex- parte applicant has informed this court that the matter has been settled and that the Notice of motion be allowed with costs.
3. Ms. Amondi instructed by the firm of Nancy Nyarige and Company Advocates for the interested party, had no objection to the application.
4. The 1st, 2nd and 3rd respondents are not involved in the application.
5. In the premises, I find the application merited.
6. Accordingly, the application is allowed with costs to the ex-parte applicant’s counsel, W.O Ochuka and Company Advocates.
7. This matter is marked as settled.It is so ordered.
DELIVERED AND SIGNED AT HOMABAY THIS 7TH DAY JUNE 2023G.M.A ONG’ONDOJUDGEPRESENTMs. Ochieng instructed by W.O Ochuka learned counsel for ex-parte applicant.Ms. Amondi instructed by Ms. Nyarige learned counsel for the interested party.Court Assistant, Okello.