Moretet Ole Barta (suing As The Legal Representative To The Estate of The Late Oloishuro Ole Barta Kura) v Ali Farah & 1 other
The bottom line
#The Court of Appeal refused to let a law firm stop representing its client because the firm could not prove it had properly served the application on the client.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to cease acting may be granted absent proof of service on the client
The application was dismissed because the advocates did not exhibit an affidavit of service or correspondence showing the appellant had ignored counsel's invitations.
Rule 51 requires a notice of motion and copies of all affidavits to be served on all necessary parties unless otherwise directed. The firm filed no affidavit of service and no correspondence demonstrating that the appellant was no longer interested in the case or had ignored counsel's invitations. Without that documentary evidence, the court could not verify proper service or the appellant's conduct, and declined to grant leave under Rule 23(2).
Legal principles established
#- An application for leave to cease acting under Rule 23(2) must be supported by documentary evidence that the application and supporting affidavits were properly served on the party concerned, as required by Rule 51 of the Court of Appeal Rules.
Court orders
#- 1.The application dated 24th May, 2024 seeking leave to cease acting for the appellant is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Rule 23(2) of the Court of Appeal Rules, application by notice of motion before a single Judge for leave to cease acting
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moretet Ole Barta (suing As The Legal Representative To The Estate of The Late Oloishuro Ole Barta Kura) v Ali Farah & 1 other", Case Analysis (2025). Application dated 24th May, 2024 (appeal of Moretet Ole Barta). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1629/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.