Vito Auto Spares v Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased) & 2 others
The bottom line
#Kenya's Court of Appeal allowed a law firm to stop representing its client mid-appeal after their working relationship broke down, with no costs ordered.
What this practically means
#Executive summary
#Key legal issues
#Leave for an advocate to cease acting on appeal
Leave granted where the client-advocate relationship had deteriorated and the application was unopposed; service on the appellant thereafter to be in person unless another advocate is appointed.
The advocate filed a notice of motion under rule 23(2) of the Court of Appeal Rules, 2022, supported by her affidavit, asserting the relationship was no longer tenable. The application was unopposed, so the court granted leave and directed personal service on the appellant going forward, with no costs order.
Legal principles established
#- An unopposed application by an advocate to cease acting for a client on appeal, grounded on a breakdown of the client-advocate relationship, may be granted under rule 23(2) of the Court of Appeal Rules, 2022.
Court orders
#- 1.Leave granted to the firm of Gulenywa Jonathan & Co Advocates to cease acting for the appellant
- 2.The appellant shall be served in person unless they appoint another advocate to act on their behalf in this appeal
- 3.No orders as to costs
- On appeal from
- Environment and Land Court
- Machakos ELC Case No. 301 of 2009
- Jurisdiction invoked
- Rule 23(2) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Vito Auto Spares v Karimi (as the administrators of the Estate of Simeon Mueke Maingi (Deceased) & 2 others", Case Analysis (2022). Civil Appeal (Application) 87 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1256/eng@2022-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.