Grofin SGB Kenya Limited v Building Consruction Concepts Ltd & 2 others [2024] KEHC 4914 (KLR)

Grofin SGB Kenya Limited v Building Consruction Concepts Ltd & 2 others (Commercial Case E004 of 2023) [2024] KEHC 4914 (KLR) (6 May 2024) (Ruling)

Neutral citation: [2024] KEHC 4914 (KLR)

Republic of Kenya

In the High Court at Kisumu

Commercial Case E004 of 2023

RE Aburili, J

May 6, 2024

Between

Grofin SGB Kenya Limited

Plaintiff

and

Building Consruction Concepts Ltd

1st Defendant

Patrick Jackino

2nd Defendant

Christine Afande Jackino

3rd Defendant

Ruling

1. This matter is due for hearing today, having been certified as ready for hearing on 13th February 2024.

2. The parties’ advocates are present but their clients are absent. The Defendants’ counsel has however filed an application dated 14th March 2024 seeking to cease acting in this case for want of instructions.

3. The application was served on the Defendants and the Plaintiff’s counsel.

4. The Defendants were also served with a hearing Notice for today, of the said application.

5. From our CTS, I can also see that the Defendants have already instructed the firm of Hussein B. Indimuli Advocate to represent them. The said Law firm has filed a Notice of Change of Advocates dated 3rd May 2024.

6. Accordingly, as there is no objection to the firm of Anyango Owino & Associates ceasing to act for the Defendants, I allow the application dated 14th March 2024 to cease acting and discharge the said firm of Anyango Owino & Associates from this case.

7. As the Defendants have already instructed a different advocate to represent them in this matter, and as the parties are not present, I shall now fix a fresh hearing date for the case herein.

8. Hearing on 17th June 2024.

9. I make no orders as to costs of the application dated 14th March 2024.

10. This Ruling to be typed and uploaded on the CTS forthwith.

11. The Plaintiff to serve the Defendants’ counsel on record with a hearing Notice.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MAY, 2024R. E. ABURILIJUDGE