1. The application dated 5th March 2024 seeks an order that Joseph C. K. Cheptarus and Co. Advocates, be allowed to cease acting for applicants (read petitioners) in this matter and that costs be provided for.
2. The application is premised on the grounds that the applicants (read petitioners) and their counsel have been unable to move in this matter due to lack of communication/instructions from them and the counsel now wishes to withdraw from acting as their advocate.
3. The application is supported by the affidavit of Joseph C. K. Cheptarus where the grounds are reiterated.
4. The application is not opposed.
5. When the application came for interparties hearing on 6th June 2024, Counsel for the 1st to 5th respondents informed the court that she would not oppose the application and the orders sought may be granted.
6. The 1st & 3rd petitioners, William Kimutai Kiprop and John Yator Kiprop also stated that they were not opposing the application and asked for time to appoint another advocate to represent them.
7. As the application is not opposed, I allow it in the following terms;
a) By consent, prayer 1 in the chamber summons application dated 15th March 2024 is granted as sought with no order on costs as the application was not defended.
b) The petitioners to engage another advocate to represent them in this petition within 30 days.
c) Directions for the Petition will be on 9th July, 2024.
Dated, signed and delivered at Iten this 6th day of June, 2024.
Ruling delivered virtually in the presence of:-
Mr. Cheptarus for the petitioners
William Kimutai Kiprop for the 1st petitioner
N/A for the 2nd petitioner
John Yator Kiprop for the 3rd petitioner
Ms. Chebii for the 1-5th respondents
Court Assistant: Christine
JudgmentWILLIAM KIMUTAI KIPROP AND BERNARD KIPKOSGEI KIPROP AND 1 Others VS EMMANUEL CHEBII CHEROP AND RAEL KIPLEL AND 6 Others1 min read
WILLIAM KIMUTAI KIPROP AND BERNARD KIPKOSGEI KIPROP AND 1 Others VS EMMANUEL CHEBII CHEROP AND RAEL KIPLEL AND 6 Others
Environment and Land Court at Iten Environment and Land Court · · Waithaka, Lucy Njoki
Details
- Delivered
- Court rank
- Environment and Land Court
- Station
- Iten Environment and Land Court (Environment and Land Court at Iten Environment and Land Court)
- Division
- Environment and Land Court
- Case type
- ELC Land Petition
- Bench
- WaithakaLucy Njoki
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