Solar Salt Ltd v Krishna Properties Ltd [2005] KEHC 141 (KLR)
- Court
- High Court of Kenya
- Case number
- 141
- Citation
- [2005] KEHC 141 (KLR)
The court grants the application to cease the advocate from acting for the petitioner, as the act of ceasing to act is at the instance of the advocate, and the court may grant such an order if the advocate applies to the court by summons in chambers.
Facts
The petitioner's advocate, Rustam Hira, applied to cease acting for the petitioner, Solar Salt Ltd, due to non-receipt of instructions and the petitioner's failure to respond to the advocate's request for instructions. The petitioner opposed the application, alleging that the advocate had been instructed to prosecute the petition in 1993 but had not done so.
Issues
- Whether the advocate has ceased to act for the petitioner
- Whether the petitioner's payment of fees is a reason to refuse to grant an order to cease acting
Reasoning
The court ruled that the act of ceasing to act is at the instance of the advocate, and the court may grant such an order if the advocate applies to the court by summons in chambers. The court also noted that the petitioner's objection was misplaced and that the petitioner may have to consider moving in another matter regarding the issue of advocate's fees.
Outcome
The court grants the application to cease the advocate from acting for the petitioner.
Orders
- That Rustam Hira Advocate has ceased to be the Advocate for the Petitioner herein.
- That there shall be no orders as to costs of the chamber summons dated 5th December 2005.
Loading judgment…