REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 245 OF 2019 KENNEDY MUTINDA MORRIS...............................................APPELLANT VERSUS FLARE RESCUE KENYA ......................................................RESPONDENT DIRECTIONS This matter was set for ruling today 27th May, 2021. Subsequently, the advocate then on record for the appellant lodged an application by way of Chamber Summons dated 11th May, 2021 seeking an order that leave be granted to withdraw and or cease acting for the appellant. There was also filed, a Notice of withdrawal from acting for the appellant in this appeal. The application and the notice of withdrawal were to be served upon the advocates for the respondent and the Chief Magistrate. However, there is no indication that the appellant was served, yet it is the appellant who was represented by counsel now withdrawing from the appeal. No adverse order may be made against a party by an advocate already on record and without notice. Accordingly, the ruling date is hereby vacated and the firm of Maruja and Amunga Advocates ordered to serve the appellant with the withdrawal notice and the Chamber summons application dated 11th May, 2021. This matter shall then be mentioned before the Duty Judge on 22 nd June, 2021 for directions. Dated, signed and delivered at NAIROBI this 27th day of May, 2021. A. MBOGHOLI MSAGHA JUDGE In the presence of: N/A for the appellant. Ms. Wataka for the respondent.
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