Oteki v Gathoga & 2 others [2021] KECA 203 (KLR)

Oteki v Gathoga & 2 others (Civil Appeal (Application) E509 of 2020) [2021] KECA 203 (KLR) (Civ) (5 November 2021) (Ruling)

Neutral citation number: [2021] KECA 203 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) E509 of 2020

F Sichale, JA

November 5, 2021

Between

Charles Okindo Oteki

Appellant

and

Joseph Warari Gathoga

1st Respondent

Martha Wamaitha Ngunjiri (Being Administrator of the Estate of Jackson Githua Ngunjiri)

2nd Respondent

Attorney General

3rd Respondent

Ruling

1. Before me is a motion dated 26th May 2021 and brought pursuant to the provisions of Rule 22 (2) of the Court of Appeal Rules in which the firm of Kingara & Company Advocates seek to be granted leave to cease acting for the 1st respondent- Joseph Warari Gathoga.

2. The application is premised on the grounds that the 1st respondent has been un-cooperative in giving instructions to the said firm of advocates and has not been responding to communication over the matter and that as a result it has been impossible for the said firm of Advocates to continue acting for him.

3. The application is not opposed. As a matter of fact, the 1st respondent has already filed a Notice of Change of Advocates dated 10th June 2021, through the firm of Nzavi and Company Advocates.

4. Accordingly, the application dated 26th May 2021 is merited and the same is hereby allowed as prayed. The firm of Kingara and Company Advocates is hereby granted leave to cease acting for the 1st respondent.

5. Costs shall be in the cause.

Dated and delivered at Nairobi this 5thday of November, 2021. F. SICHALE......................................JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR