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Mirugi Kariuki & Co Advocates v Githua (Civil Appeal (Application) 40 of 2019) [2025] KECA 437 (KLR) (6 March 2025) (Ruling)

[2025] KECA 437 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
437
Citation
[2025] KECA 437 (KLR)
Decided
6 March 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for orders to cease acting for the Respondent in the appealCoramJ. MATIVO
Holding

The application is allowed, and the respondent's counsel is deemed to have ceased to act for the respondent upon serving the respondent with a certified copy of the order.

Facts

The applicant, Mirugi Kariuki & Co Advocates, requested to cease acting for the respondent, Isaac Ngugi Githua, in the appeal. The applicant claimed they had not received instructions from the respondent on how to proceed with the matter despite numerous requests and advice.

Issues

  1. Whether the applicant has the right to cease acting for the respondent in the appeal.
  2. Whether the applicant has received instructions from the respondent on how to proceed with the matter.

Reasoning

The Court of Appeal ruled that the applicant has not received instructions from the respondent on how to proceed with the matter despite numerous requests and advice, and thus the applicant has the right to cease acting for the respondent.

Outcome

The application is allowed.

Orders

  • Counsel for the respondent shall be deemed as having ceased to act for the respondent upon serving the respondent with a certified copy of this order.
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.
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