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Vito Auto Spares v Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased) & 2 others (Civil Appeal (Application) 87 of 2020) [2022] KECA 1256 (KLR) (7 November 2022) (Ruling)
Neutral citation:
[2022] KECA 1256 (KLR)
Republic of Kenya
Civil Appeal (Application) 87 of 2020
LK Kimaru, JA
November 7, 2022
Between
Vito Auto Spares
Appellant
and
Mueke & Regina Kamene Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased)
1st Respondent
Sebethi Kanungui Mulwa, Willy Mutisya Mulwa & Simon Makau Mulwa (as the administrators of the Estate of Stephen Mulwa Ilivi (Deceased)
2nd Respondent
Land Registrar, Machakos District
3rd Respondent
(Being an appeal from the ruling and order of the Environment and Land Court (O. A. Angote, J.) dated 27th January, 2017 in Machakos ELC Case No. 301 of 2009
Environment & Land Case 301 of 2009
)
Ruling
1.Alice Jonathan Gulenywa, practicing in the firm of Gulenywa Jonathan & Co Advocates has filed a notice of motion pursuant to rule 23(2) of the Court of Appeal Rules, 2022 seeking the leave of this court to be allowed to cease acting for the appellant in this appeal.
2.The advocate asserts that the client-advocate relationship between herself and her client had deteriorated to the extent that it was no longer tenable for her to represent the appellant in this appeal. The application is supported by the annexed affidavit of the advocate and the grounds stated on the face of the application.
3.The application is unopposed. In the premises therefore, the firm of Gulenywa Jonathan & Co Advocates are hereby granted leave to cease acting for the appellant. Henceforth, the appellant shall be served in person unless they appoint another advocate to act on their behalf in this appeal. There shall be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF NOVEMBER, 2022.L KIMARU...................................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR
