Mauricio Marino & Amici Miei Ltd v Daniel Bernhard, Shahim Abdulrehman Adam, Khatijabhai Abdulrehman Adam & Serabanu Abdulrehman Adam [2021] KECA 383 (KLR)

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: DR. K. I. LAIBUTA, J.A. (IN CHAMBERS)

CIVIL APPEAL (APPLICATION) NO. 85 OF 2019

BETWEEN

MAURICIO MARINO .............................................. 1STAPPELLANT

AMICI MIEI LTD..................................................... 2NDAPPELLANT

VERSUS

DANIEL BERNHARD ............................................1STRESPONDENT

SHAHIM ABDULREHMAN ADAM ....................2NDRESPONDENT

KHATIJABHAI ABDULREHMAN ADAM.........3RDRESPONDENT

SERABANU ABDULREHMAN ADAM................4THRESPONDENT

(Being an application for leave to cease acting for the 1st,2ndand 3rdRespondentsinMombasa Civil Appeal No 101 of 2019)

******************

RULING

By a Notice of Motion dated 29th November 2019 and made under Rules 2, 42(1) and 43(1) of the Court of Appeal Rules, counsel for the 1st, 2nd and 3rd Respondents,M/s. Chepkwonyand Associates, seek leave to cease from acting for the 1st, 2nd and 3rd Respondents. Their application is supported by the affidavit of JacklineChepkuruiChepkwony sworn on 29th November 2019 and is made on grounds set out on the face of the Motion.

I have read Ms. Chepkwony’s supporting affidavit and appreciate its contents. Other than Rules 42 and 43, which relate to form, it is not clear on what grounds Rule 2 is invoked. 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 applyby 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.

Accordingly,I hereby order and direct that –

a. counsel for the 1st, 2nd and 3rd Respondents be deemed as having ceased to act for the 1st, 2nd and 3rd Respondents on service upon the three Respondents of this order;

b. there be no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 23RDDAY OF JULY, 2021

DR. K. I. LAIBUTA

.....................................

JUDGE OF APPEAL

I certify that this is aTrue copy of the original

Signed

DEPUTY REGISTRAR