Kennedy Mutinda Morris v Flare Rescue Kenya [2021] KEHC 6648 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL APPEAL NO. 245 OF 2019

KENNEDY MUTINDA MORRIS...............................................APPELLANT

VERSUS

FLARE RESCUE KENYA ......................................................RESPONDENT

DIRECTIONS

This matter was set for ruling today 27th May, 2021.  Subsequently, the advocate then on record for the appellant  lodged  an application by way of Chamber Summons  dated 11th May, 2021 seeking an order that leave be granted to withdraw and or cease acting for the appellant.

There was also filed, a Notice of withdrawal from acting for the appellant in this appeal.    The application and the notice of withdrawal were to be served upon the advocates for the respondent and the Chief Magistrate.  However, there is no indication that the appellant was served, yet it is the appellant who was represented by counsel now withdrawing from the appeal.

No adverse order may be made against a party by an advocate already on record and without notice.  Accordingly, the ruling date is hereby vacated and the firm of  Maruja and Amunga Advocates ordered to serve the appellant with the withdrawal notice and the Chamber summons application dated 11th May, 2021.  This matter shall then be mentioned before the Duty Judge on 22nd June, 2021 for directions.

Dated, signed and delivered at NAIROBI this 27th day of May, 2021.

A. MBOGHOLI MSAGHA

JUDGE

In the presence of:

N/A for the appellant.

Ms. Wataka for the respondent.