[2025] KEHC 9569 (KLR)
The court found that the application by O. M. Robinson & Company Advocates to cease acting for the Appellants had been properly served and that there was no opposition. The court exercised its discretion to grant leave for the advocates to cease acting, noting that the Appellants would be served in person going...
Source-derived case information.
- Citation
- [2025] KEHC 9569 (KLR)
- Parties
- Appellant: Taveta Sub County Hospital; Appellant: County Government of Taita-Taveta; Respondent: Mubesiru Construction Company Ltd
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E017 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave to Cease Acting and Directions for Further Conduct
- Outcome
- Application allowed. Leave granted for advocates to cease acting. Directions issued for further conduct.
- Judges
- AN Ongeri
- Legal Topics
- Leave to Cease Acting, Service of Process, Record of Appeal, Cross Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Taveta Sub County Hospital
Appellant
County Government of Taita-Taveta
Appellant
Mubesiru Construction Company Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Cease Acting and Directions for Further Conduct
Legal Issues
- 1 Whether the firm of O. M. Robinson & Company Advocates should be granted leave to cease acting for the Appellants.
- 2 Whether directions should be given for service of process and further conduct of the appeal.
Ratio Decidendi
The court found that the application by O. M. Robinson & Company Advocates to cease acting for the Appellants had been properly served and that there was no opposition. The court exercised its discretion to grant leave for the advocates to cease acting, noting that the Appellants would be served in person going forward. The court also gave directions for the mention of the matter for filing the Record of Appeal in the cross-appeal, ensuring the orderly progression of the appeal process.
Court Disposition
Application allowed. Leave granted for advocates to cease acting. Directions issued for further conduct.
Orders
- The application dated 13th May 2025 is allowed.
- The firm of O. M. Robinson & Company Advocates is granted leave to cease acting for the Appellants.
Full Case Text
Judgment text and source record
22 paragraphs
Taveta Sub County Hospital & another v Mubesiru Construction Company Ltd (Civil Appeal E017 of 2025) [2025] KEHC 9569 (KLR) (17 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9569 (KLR)
Republic of Kenya
In the High Court at Voi
Civil Appeal E017 of 2025
AN Ongeri, J
June 17, 2025
Between
Taveta Sub County Hospital
1st Appellant
County Government of Taita-Taveta
2nd Appellant
and
Mubesiru Construction Company Ltd
Respondent
Ruling
1. Since the application dated 13th May 2025 was served upon the Appellants, the same is allowed.
2. The firm of O. M. Robinson & Company Advocates is granted leave to cease acting for the Appellants.
3. Mention on 8th October 2025 for filing the Record of Appeal in the cross-appeal
4. The Appellants to be served in person.
5. Mention on 8th October 2025.
DATED, SIGNED AND DELIVERED THIS 17TH JUNE 2025 IN OPEN COURT AND VIRTUALLY AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MillicentMr. Mohamed holding brief Mr. Malombo for the AppellantsMr. Motuka for the Respondent