Gecaga v Quinvest Limited [2023] KECA 78 (KLR)

Gecaga v Quinvest Limited (Civil Appeal (Application) E729 of 2021) [2023] KECA 78 (KLR) (3 February 2023) (Ruling)

Neutral citation: [2023] KECA 78 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) E729 of 2021

KI Laibuta, JA

February 3, 2023

Between

Margaret Gacigi Gecaga

Appellant

and

Quinvest Limited

Respondent

(Being an application for leave to cease acting for the appellant in Civil Appeal No. E729 OF 2021)

Ruling

1. By a notice of motion dated November 25, 2022 and made under rule 23(2) of the Court of Appeal Rules, counsel for the appellant, M/s J M Njenga and Company, seek leave to cease acting for the appellant, Margaret Gacigi Gecaga. Their application is supported by the annexed affidavit of Ms Victoria Wambua, an advocate at the applicant firm, sworn on November 25, 2022, and is made on the ground that the advocate/client’s relationship has broken down irretrievably.

2. I have read Ms Wambua’s Supporting affidavit and appreciate its contents. Rule 23(2) of the Court of Appeal Rules requires an advocate who desires to cease acting for any party in a civil appeal or application to apply by notice of motion before a single judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certified copy of the order of the judge.

3. Accordingly, I hereby order and direct that –a.counsel for the appellant be deemed as having ceased to act for the appellant on service upon the appellant of this order; andb.there be no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF FEBRUARY, 2023. DR. K. I. LAIBUTA...........................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR