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Nderitu (Suing as the Administrator of the Estate of Paul Mwangi Nderitu) & another v Mwangi (Being sued as the Administrator of the Estate of Paul Mwangi Nderitu) & another (Civil Appeal (Application) E173 of 2024) [2026] KECA 367 (KLR) (27 February 2026) (Ruling)

[2026] KECA 367 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
367
Citation
[2026] KECA 367 (KLR)
Decided
27 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to cease acting for the appellantCoramP. NYAMWEYA
Holding

The firm of Shako & Company Advocates is granted leave to cease acting for the appellant in this appeal.

Facts

The appellant's advocate firm, Shako & Company Advocates, filed an application seeking leave to cease acting for the appellant in the appeal due to a breakdown of communication and inability to continue prosecuting the appeal.

Issues

  1. Whether the advocate firm should be granted leave to cease acting for the appellant in the appeal.
  2. Whether the requirements of Rule 23 (2) of the Court's Rules were met.

Reasoning

The court found that the application was supported by evidence of service on the appellant and that the requirements of Rule 23 (2) were met.

Outcome

Leave granted

Orders

  • The firm of Shako & Company Advocates is granted leave to cease acting for the appellant in this appeal.
  • There shall be no order as regards the costs of the application.

Authorities cited

Cases cited (2)
  • Mutunga & Company Advocates vs Muithya & 2 others [2023] KEHC 22159 (KLR)
  • Gitau vs Waititu (Civil Appeal (Application) 8 of 2017) [2025] KECA 80 (KLR)
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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