The 2nd Applicant filed an Application dated 21.02.2025 in which he sought to bar the firm of Oguttu Mboya and Ochwal from representing the Respondents herein on the ground that the said firm of Advocates had ceased acting on the lower court file.
The court in its directions dated 25.02.2025 granted the Applicant leave to file supplementary affidavit to annex the said order that granted leave to the firm of Oguttu Mboya and Ochwal Advocates to cease acting.
Today when the matter came up, and upon a probe by the court, the Applicant states that the Application by Oguttu Mboya Advocate to cease acting ha not been determined, hence no such order exists as yet.
It follows that there is no basis for the application, as the firm of Oguttu Mboya and Ochwal is still on record in the matter before the lower court their application having not been heard and determined.
Thus, the application dated 21.02.2025 before court having no basis is an abuse of the court process and it is hereby dismissed with costs.
Dated and delivered AT KILGORIS this 5th day of March, 2025.
In the presence of
C/A Emmanuel/Slyvia
Mr. Mulisa for the Respondent
Mr. Tajeuo for the 1st Appellant
The court in its directions dated 25.02.2025 granted the Applicant leave to file supplementary affidavit to annex the said order that granted leave to the firm of Oguttu Mboya and Ochwal Advocates to cease acting.
Today when the matter came up, and upon a probe by the court, the Applicant states that the Application by Oguttu Mboya Advocate to cease acting ha not been determined, hence no such order exists as yet.
It follows that there is no basis for the application, as the firm of Oguttu Mboya and Ochwal is still on record in the matter before the lower court their application having not been heard and determined.
Thus, the application dated 21.02.2025 before court having no basis is an abuse of the court process and it is hereby dismissed with costs.
Dated and delivered AT KILGORIS this 5th day of March, 2025.
In the presence of
C/A Emmanuel/Slyvia
Mr. Mulisa for the Respondent
Mr. Tajeuo for the 1st Appellant