[2022] KECA 1256 (KLR)
The court found that since the application by the advocate to cease acting for the appellant was unopposed and was supported by affidavit evidence demonstrating a breakdown in the advocate-client relationship, it was appropriate to grant the application. The court exercised its discretion under Rule 23(2) of the...
Source-derived case information.
- Citation
- [2022] KECA 1256 (KLR)
- Parties
- Appellant: Vito Auto Spares; Respondent: Mueke & Regina Kamene Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased)); Respondent: Sebethi Kanungui Mulwa, Willy Mutisya Mulwa & Simon Makau Mulwa (as the administrators of the Estate of Stephen Mulwa Ilivi (Deceased)); Respondent: Land Registrar, Machakos District
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 87 of 2020
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- Application allowed. Leave granted for advocate to cease acting for the appellant.
- Judges
- LK Kimaru
- Legal Topics
- Leave to Cease Acting, Advocate Client Relationship, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Vito Auto Spares
Appellant
Mueke & Regina Kamene Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased))
Respondent
Sebethi Kanungui Mulwa, Willy Mutisya Mulwa & Simon Makau Mulwa (as the administrators of the Estate of Stephen Mulwa Ilivi (Deceased))
Respondent
Land Registrar, Machakos District
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether the advocate for the appellant should be granted leave to cease acting for the appellant due to breakdown of the advocate-client relationship.
Ratio Decidendi
The court found that since the application by the advocate to cease acting for the appellant was unopposed and was supported by affidavit evidence demonstrating a breakdown in the advocate-client relationship, it was appropriate to grant the application. The court exercised its discretion under Rule 23(2) of the Court of Appeal Rules, 2022, and allowed the advocate to cease acting for the appellant. The court further directed that the appellant shall be served in person unless another advocate is appointed, and made no order as to costs.
Court Disposition
Application allowed. Leave granted for advocate to cease acting for the appellant.
Orders
- The firm of Gulenywa Jonathan & Co Advocates is granted leave to cease acting for the appellant.
- The appellant shall be served in person unless they appoint another advocate to act on their behalf in this appeal.
Full Case Text
Judgment text and source record
23 paragraphs
Vito Auto Spares v Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased) & 2 others (Civil Appeal (Application) 87 of 2020) [2022] KECA 1256 (KLR) (7 November 2022) (Ruling)
Neutral citation: [2022] KECA 1256 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 87 of 2020
LK Kimaru, JA
November 7, 2022
Between
Vito Auto Spares
Appellant
and
Mueke & Regina Kamene Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased)
1st Respondent
Sebethi Kanungui Mulwa, Willy Mutisya Mulwa & Simon Makau Mulwa (as the administrators of the Estate of Stephen Mulwa Ilivi (Deceased)
2nd Respondent
Land Registrar, Machakos District
3rd Respondent
(Being an appeal from the ruling and order of the Environment and Land Court (O. A. Angote, J.) dated 27th January, 2017 in Machakos ELC Case No. 301 of 2009 Environment & Land Case 301 of 2009 )
Ruling
1. Alice Jonathan Gulenywa, practicing in the firm of Gulenywa Jonathan & Co Advocates has filed a notice of motion pursuant to rule 23(2) of the Court of Appeal Rules, 2022 seeking the leave of this court to be allowed to cease acting for the appellant in this appeal.
2. The advocate asserts that the client-advocate relationship between herself and her client had deteriorated to the extent that it was no longer tenable for her to represent the appellant in this appeal. The application is supported by the annexed affidavit of the advocate and the grounds stated on the face of the application.
3. The application is unopposed. In the premises therefore, the firm of Gulenywa Jonathan & Co Advocates are hereby granted leave to cease acting for the appellant. Henceforth, the appellant shall be served in person unless they appoint another advocate to act on their behalf in this appeal. There shall be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF NOVEMBER, 2022. L KIMARU...................................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR