[2015] KEHC 1354 (KLR)
The court found that it is the obligation of a client to maintain communication with their advocate and provide instructions. Since the plaintiff failed to do so and her advocate could not reach her, the advocate should not be forced to continue acting. The application for leave to cease acting was therefore...
Source-derived case information.
- Citation
- [2015] KEHC 1354 (KLR)
- Parties
- Plaintiff: Ruth Florence Okuthe; Defendant: The Standard Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 358 of 2010
- Procedural Posture
- Civil Case / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed. Advocate granted leave to cease acting for the plaintiff.
- Legal Topics
- Advocate Ceasing to Act, Client Non Communication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Florence Okuthe
Plaintiff
The Standard Limited
Defendant
Procedural Posture
Civil Case / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the advocate for the plaintiff should be granted leave to cease acting for want of instructions.
Ratio Decidendi
The court found that it is the obligation of a client to maintain communication with their advocate and provide instructions. Since the plaintiff failed to do so and her advocate could not reach her, the advocate should not be forced to continue acting. The application for leave to cease acting was therefore allowed, and the defendant was directed to serve the plaintiff personally going forward.
Court Disposition
Application allowed. Advocate granted leave to cease acting for the plaintiff.
Orders
- Majanja Luseno & Company Advocates granted leave to cease acting for the plaintiff forthwith.
- The defendant shall henceforth serve the plaintiff personally.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO.358 OF 2010
RUTH FLORENCE OKUTHE ……………….………….PLAINTIFF
VERSUS
THE STANDARD LIMITED ……….………………….DEFENDANT
RULING
The plaintiff Ruth Florence Okuthe in this case is represented by Majanja Luseno & Company Advocates who have filed an application seeking leave to ease acting for want of instructions. It is the obligation of a client to seek out his advocate. It has been submitted that she no longer communicates with them and her phone does not go through. No advocate should be chained to a client who is unavailable to give instructions to proceed with the case. In the premises, I allow the application and grant the firm of Majanja Luseno & Company Advocates leave to cease acting for the plaintiff forthwith. The defendant shall henceforth serve the plaintiff personally. I make no orders as to costs.
Orders accordingly.
R.E. ABURILI
JUDGE
30. 9.2015