Paul Nzomo Mwitiki v Ndambuki Kisongwe & Margaret Kaveke Kyengo [2014] KEHC 7397 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CIVIL CASE NO. 25 OF 2004

PAUL NZOMO MWITIKI ….................................. PLAINTIFF

VERSUS

NDAMBUKI KISONGWE ….......................... 1ST DEFENDANT

MARGARET KAVEKE KYENGO ................... 2ND DEFENDANT

R U L I N G

The application dated 13th November, 2013 by way of Chamber Summons is for leave for the firm of N.O. Sumba and Company Advocates to cease acting for the plaintiff.  It also seeks an order that the plaintiff pays costs.

It is supported by an affidavit deponed by Nicholas Sumba, Advocate who states that the plaintiff who had retained the firm of N.O. Sumba and Company Advocates as advocates in this matter has withdrawn instructions and instructed the firm of Matata and Company Advocates though they have not filed a notice of change of advocates.

Though served with the application the plaintiff failed and or neglected to respond to the application. The respondents/defendants did not oppose the application.  In the premises the applicant has demonstrated a case for issuance of the order sought.  Consequently, the application is allowed as prayed.

It is so ordered.

DATED, SIGNEDand DELIVERED at MACHAKOS this23RD        day of JANUARY, 2014.

L.N. MUTENDE

JUDGE