Mohammed Azhar S/o Mohamed Akram v Hardev Kalsi Singh & 4 others
The bottom line
#Kenya's Court of Appeal allowed a law firm to stop acting for an unresponsive client, but confirmed a Single Judge cannot stay appeal proceedings.
What this practically means
#Executive summary
#Key legal issues
#Leave for an advocate to cease acting for a client
Where a client has become evasive and failed to give instructions despite repeated correspondence, an advocate is entitled to be granted leave to cease acting
The court reviewed the annexed correspondence showing repeated letters by the firm seeking further instructions that went unanswered, and the deposed breakdown occasioned by unpaid fees of Kshs 2,915,067/=. Satisfied that the client was evasive and unresponsive even after the appeal's reinstatement, the judge found a sufficient case made out for the firm to come off record. The application was allowed in terms of prayers 2 and 3 only.
Jurisdiction of a Single Judge to stay proceedings
A Single Judge of the Court of Appeal has no jurisdiction to order a stay of proceedings
The judge declined to determine the stay prayer on jurisdictional grounds, holding that a Single Judge cannot issue a stay of proceedings. No comment was made on the merits of that prayer, and the application succeeded only on the prayers for leave to cease acting.
Legal principles established
#- A Single Judge of the Court of Appeal lacks jurisdiction to grant a stay of proceedings
Court orders
#- 1.The firm of LJA Associates LLP granted leave to cease acting for the 1st respondent
- 2.The firm of LJA Associates deemed to have ceased acting for the 1st respondent
- 3.No orders as to costs
- On appeal from
- Court of Appeal of Kenya (the appeal in which this motion was filed; prior dismissal and reinstatement noted)
- not stated in judgment
- Jurisdiction invoked
- Rules 1(2) & 23(2) of the Court of Appeal Rules 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohammed Azhar S/o Mohamed Akram v Hardev Kalsi Singh & 4 others", Case Analysis (2025). Motion on notice dated 21st May 2025 (appeal record number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1763/eng@2025-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.