Gatuthu & 2 others v Mwariri & 3 others (Civil Appeal (Application) E372 of 2020) [2023] KECA 1260 (KLR) (13 October 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1260
- Citation
- [2023] KECA 1260 (KLR)
- Decided
- 13 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to cease actingCoramPM GACHOKA
Holding
The application to cease acting is allowed.
Facts
The appellants retained Njuguna & Partners Advocates to appeal a judgment in the Environment and Land Court of Kenya. The firm filed the Record of Appeal on October 9, 2020, and has been responsible for the general conduct of the matter on behalf of the appellants. However, the appellants have refused to give proper instructions to the firm.
Issues
- Whether the firm should be granted leave to cease acting for the appellants.
- Whether the appellants have adequately instructed the firm to prosecute the matter.
Reasoning
The court follows the permissive nature of Rule 23(2) of the Court of Appeal Rules, allowing the firm to cease acting if the appellants have failed to provide adequate instructions.
Outcome
The application to cease acting is allowed.
Orders
- The firm is granted leave to cease acting for the appellants.
- There will be no orders as to costs as the application was not defended.
- The applicant shall serve this order on the appellants within the next 14 days through the appellants' last known postal and email address.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Rule 23(2) of the Court of Appeal Rules, 2022
Cases cited (1)
- Mauricio Marino & another vs. Daniel Benhard and 3 others (2021) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…