Mutegi Mugwetwa v Kenya Oil Co Ltd & Cicilio Murango Mwenda t/a Murango Mwenda & Co Advocates [2014] KEHC 2428 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO. 42 OF 2007

MUTEGI MUGWETWA …................................................RESPONDENT/PLAINTIFF

VERSUS

KENYA OIL CO. LTD.....................................................RESPONDENT/DEFENDANT

AND

CICILIO MURANGO MWENDA T/A

MURANGO MWENDA & CO ADVOCATES...........................................APPLICANT

R U L I N G

This application is dated 22/1/2014 and seeks orders:

1. That the firm of Murango Mwenda & Co, Advocates be granted leave to cease acting for the plaintiff herein, MUTEGI MUGWETWA.

2. That the plaintiff be condemned to pay the costs of this application.

The applicant supported the application with the following grounds:-

(i)The plaintiff has filed to give instructions to the firm of advocates.

(ii)It has become impossible to continue with the representation.

(iii)The motion is further supported by the affidavit of the counsel   acting filed together with this motion.

There is an affidavit of service indicating that this application had been served on the plaintiff and on the firm of Shapley Barret & Co, Advocates.  Despite service, the plaintiff is not in Court.  As a result the application is not opposed.

In the circumstances, the application is allowed.

It is so ordered.

Delivered in the Open Court at Meru this 16th day of July, 2014 in the presence of:

Cc. Lilian

Menge h/b Murango Mwenda, the Applicant

P. M. NJOROGE

JUDGE