Case law
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Division and case type: High Court DivCivil Appeal
…It was filed by the appellant under Sections 1A, 1B, 3, 3A, & 63(e) of the Civil Procedure Act, Order 51 of the Civil Procedure Rules and Section 51 of the Advocates Act, Cap 16, Laws of Kenya, for orders that: [a] Spent…
…I noted that the application has been brought under Section 51(2) of the Advocates Act, which states: (2) The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…He cites section 60(3) of the Advocates Act, which allows the 2nd respondent to dismiss a complaint, at any stage, where no prima facie case is established.…
…It is submitted that section 60(3) of the Advocates Act, allows it to dismiss a complaint at any stage of the proceedings.…
Division and case type: High Court CivilCivil Appeal
…The Appellants rely primarily on the Advocates Act. They emphasize Section 45(1)(b) to support the validity of the initial fee agreement.…
…It is strictly regulated by the Advocates Act. Section 45 allows parties to agree on remuneration as follows: “45.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is stated to be brought under Section 51 (2) of the Advocates Act and is supported by an affidavit sworn by George Maengwe, Advocate who is the Applicant.…
…Section 51 (2) of the Advocates Act under which the application is brought provides: The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as…
Division and case type: High Court CivilCivil Appeal
…Article 159(2)(d) of the Constitution; section 34B(2) of the Advocates Act, Cap 16, Laws of Kenya; National Bank of Kenya vs.…
…Act, the trial court failing to draw issues, and the court failing to give the plaintiffs the option to withdraw the impugned pleadings and filing fresh pleadings. 7.…
Division and case type: Environment and Land CourtMiscellaneous Application
…ADVOCATES................................APPLICANT -VERSUS- SINO HYDRO CORPORATION……................................RESPONDENT RULING Section 51(2) of the Advocates Act, Chapter 16 Laws of Kenya provides as follows: (2) The…
…What is before me is the Applicant’s Notice of Motion application dated 11th April 2024 brought under Section 51(2) of the Advocates Act seeking an order that the Certificate of Taxation issued in favour of the Applicant…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The application was based on the following key grounds: a) That the claim is totally defective as it was filed in contravention of Section 60 of the Advocates Act Cap 16 Laws of Kenya that provides the forum where complaints…
…Act which provides that any person can lodge a complaint of professional misconduct with Advocates Disciplinary Tribunal.…
Division and case type: High Court CivilCivil Appeal
…Article 159(2)(d) of the Constitution; section 34B(2) of the Advocates Act, Cap 16, Laws of Kenya; National Bank of Kenya vs.…
…Act, the trial court failing to draw issues, and the court failing to give the plaintiffs the option to withdraw the impugned pleadings and filing fresh pleadings. 7.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Motion application dated 16th October, 2023 brought by the Applicant pursuant to the provisions of sections 1A, 1B, 3, 3A & 63(e) of the Civil Procedure Act, Order 51 of the Civil Procedure Rules 2010 and Section 51 of the Advocates…
…Act.…
Division and case type: High Court DivCivil Appeal
…The application was filed by the respondent/applicant, Geoffrey Amiani Jesumei pursuant to Sections 1A, 1B, & 3A of the Civil Procedure Rules as well as Section 51(2) of the Advocates Act, Chapter 16 of the Laws of Kenya…
…Act, Chapter 16 of the Laws of Kenya and the Advocates (Remuneration) Order is a special procedure intended for the expeditious resolution of disputes arising between advocates and their clients over the quantum of fees…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I am satisfied that the Advocate was qualified person within the meaning of Section 9 of the Advocates Act” 7.The learned Hon.…
…Magistrate did not stop there but went further to state that Section 9 of the Advocates Act is clear and refers to an individual Advocate.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Motion application dated 16th October, 2023 brought by the Applicant pursuant to the provisions of sections 1A, 1B, 3, 3A & 63(e) of the Civil Procedure Act, Order 51 of the Civil Procedure Rules 2010 and Section 51 of the Advocates…
…Act.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The Respondent averred that he never instructed the Applicant, Owiti, Otieno & Ragot Advocates to act for him in the primary suit.…
…County Government of Kisumu [2021] eKLR, [2021]KEELC 2421(KLR), the Court stated as follows with regard to Section 51(2) of the Advocates Act: “7.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 14th June 2024 and is brought under section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (1) (a) of The Civil Procedure Rules and Section…
…Under section 51 (2) of the Advocates Act. the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 15th June 2024 and is brought under section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (l) (a) of The Civil Procedure Rules and Section…
…Under section 51 (2) or the Advocates Act, the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 14th June 2024 and is brought under section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (1) (a) of The Civil Procedure Rules and Section…
…Under section 51 (2) of the Advocates Act, the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 14th June 2024 and is brought under section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (1) (a) of The Civil Procedure Rules and Section…
…Under section 5 1 (2) of the Advocates Act, the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 14th June 2024 and is brought under section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (l) (a) of The Civil Procedure Rules and Section…
…Under section 51 (2) of the Advocates Act, the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 14th June 2024 and is brought under section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (1) (a) of The Civil Procedure Rules and Section…
…Under section 51 (2) of the Advocates Act, the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 14th June 2024 and is brought under Section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (1) (a) of The Civil Procedure Rules and Section…
…Under section 51 (2) of the Advocates Act. the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…