Case ID:179465

Abdulrazak Abdulrehman Adam v Aslam Abdulrehman Adam & 3 others [2021] eKLR

Case Metadata

Case Number:

Civil Appeal (Application) 101 of 2019

Parties:

Abdulrazak Abdulrehman Adam v Aslam Abdulrehman Adam, Shahim Abdulrehman Adam, Khatijabhai Abdulrehman Adam & Serabanu Abdulrehman Adam

Date Delivered:

23 Jul 2021

Case Class:

Civil

Court:

Court of Appeal at Mombasa

Case Action:

Ruling

Judge(s):

Kibuya Imaana Laibuta

Citation:

Abdulrazak Abdulrehman Adam v Aslam Abdulrehman Adam & 3 others [2021] eKLR

Case History:

Being an application for leave to cease acting for the Respondents in Mombasa Civil Appeal No 101 of 2019

Court Division:

Civil

County:

Mombasa

History Docket No:

Civil Appeal 101 of 2019

History County:

Mombasa

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: DR. K. I. LAIBUTA, J.A. (IN CHAMBERS)

CIVIL APPEAL (APPLICATION) NO. 101 OF 2019

BETWEEN

ABDULRAZAK ABDULREHMAN ADAM.........................................................APPELLANT

AND

ASLAM ABDULREHMAN ADAM..............................................................1

st

RESPONDENT

SHAHIM ABDULREHMAN ADAM..........................................................2

nd

RESPONDENT

KHATIJABHAI ABDULREHMAN ADAM...............................................3

rd

RESPONDENT

SERABANU ABDULREHMAN ADAM.....................................................4

th

RESPONDENT

(Being an application for leave to cease acting for the Respondents

in

Mombasa Civil Appeal No 101 of 2019

)

******************

RULING

By a Notice of Motion dated 18

th

December 2020 and made under

Rule 23(1) and

(2)

of the Court of Appeal Rules, counsel for the Respondents, M/s. Ndegwa Muthama Katisya and Associates Advocates, seek leave to cease from acting for the Respondents. Their application is supported by the affidavit of Nelson Sitonik sworn on 18

th

December 2020 and is made on grounds set out on the face of the Motion.

I have read Mr. Sitonik’s Supporting affidavit and appreciate its contents. Rule 23(2) of the Court of Appeal Rules requires an advocate who desires to cease acting for any party in a civil appeal or application, to apply by Notice of Motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certified copy of the order of the Judge.

Accordingly, I hereby order and direct that –

(a) counsel for the Respondents be deemed as having ceased to act for the Respondents on service upon the four Respondents of this order;

(b) there be no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF JULY, 2021 DR. K. I. LAIBUTA

...................................

JUDGE OF APPEAL

I certify that

this is a

true copy

of the

original.

DEPUTY REGISTRAR