Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Omusundi Law Firm Advocates.…
…Three issues arise for determination: (i) Whether the Applicant should be granted leave to change advocates from Morgan Omusundi Law Firm Advocates to Oluoch-Olunya & Associates Advocates; (ii) Whether, and to what extent…
Division and case type: High Court DivCivil Appeal
…He deponed that he advised his advocate to appeal and the advocate remained promising him that he had initiated the process but he (Appellant) came to learn that the advocate never fulfilled the same apart from filing a letter…
…requesting for documents from the lower court. he realized that the advocate was never committed to appeal and was forced to look for the current advocate.…
Division and case type: High Court CivilCivil Appeal
…The firm of Nyamurongi & Company Advocates sought leave to effect change of advocates from the firm of Kiragu Wathuta & Company Advocates that represented the applicant prior to the entry of judgment.…
…or upon a consent filed between the outgoing advocate and the proposed incoming advocate. 23.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…That owing to her residency and work commitments in the United States of America, she relied on her erstwhile advocate, K. Michuki Law Advocates, to prosecute the appeal.…
…It is also contended that Anyega Osiemo & Company Advocates did not file a notice of change of advocates and hence lack locus standi to prosecute this application. 5.…
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.…
…NYAKUNDI Advocate.…
Division and case type: CivilCivil Appeal
…Now when this application was heard on August 2, 1979, the respondent and his advocate were present and so was the appellant but again his advocate was not there.…
…the appellant and his advocate were not there.…
Division and case type: High Court CivilCivil Appeal
…Githui who described himself as an advocate of the High Court of Kenya and the Manager – Legal at Prime Bank Limited, the Garnishee herein.…
…At no point did he state that he had conduct of the matter as advocate on behalf of the Appellant.…
Division and case type: High Court DivCivil Appeal
…Advocates 13.…
…, further there was no advocate in the Roll of advocates named Steve Njomo who had been issued with a practicing certificate. 14.…
Division and case type: High Court DivCivil Appeal
…Advocates 13.…
…, further there was no advocate in the Roll of advocates named Steve Njomo who had been issued with a practicing certificate. 14.…
Division and case type: High Court DivCivil Appeal
…He therefore denied having given any instructions to his advocate to enter into the impugned consent.…
…instructions. [24] It is trite however that an advocate has ostensible authority to compromise a suit on behalf of his client.…
Division and case type: High Court CivilCivil Appeal
…the Advocate/ Client Bill of Costs dated 19th June 2024.…
…If the advocate was simply guilty of inaction, that is not an excusable mistake which the court may consider with some sympathy. The client has a remedy against such an advocate.” 16.…
Division and case type: High Court DivCivil Appeal
…The Appellant argues that the Respondent’s advocates—Messrs. Jaden Jonathan & Mwambi Advocates—did not file or serve a Notice of Appointment as required under Order 9 Rule 6 of the Civil Procedure Rules.…
…to a notice of change of advocate shall apply to a notice of appointment of an advocate with the necessary modifications.” 31.…
Division and case type: High Court CivilCivil Appeal
…The position is that no pleadings, documents or submissions become invalid, under the provisions of the Advocates Act, only because they were prepared by an Advocate, who, at the time he prepared them, was not holding a current…
…Advocates Mr. Gilbert Tarus, instructed by the Attorney General, for the appellant. Mr. Wycliffe Okutta, instructed by Ouma Okutta & Advocates, Advocates for the 3rd respondent. Mr.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The advocate has further stated that the delay in prosecuting the appeal was occasioned by the delay in obtaining the certified copies of the typed lower court proceedings and judgment, to enable the Appellant’s advocate…
…, namely DIAMOND TRUST BANK; NYARERU & ASSOCIATES ADVOCATES: ACCOUNT NO. 0300176934001, WABERA STREET.…
Division and case type: High Court CivilCivil Appeal
…An affidavit therefor ought to show that it was taken by an individual advocate and commissioner for oaths, not by a firm of advocates.…
…The affidavit showed on the face of it that it was taken by Bwonwonga & Co Advocates & Commissioner for Oaths, not by any Bwonwonga, Advocate who could well have been a duly appointed commissioner for oaths.…
Division and case type: CivilCivil Appeal
…; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional hands of his advocates, his mistake should not be visited upon the applicant.…
…However the advocate told him that he would write to him as the advocate was in a hurry to attend another matter in another court. The advocate never wrote to him and in December, 1989 he went to the advocates office.…
Division and case type: High Court DivCivil Appeal
…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…
…Waweru, J. held: “Taxation of costs whether those costs be between party and party or between advocate and client is a special jurisdiction reserved to the taxing officer by the Advocates Remuneration Order.…
Division and case type: High Court CivilCivil Appeal
…The Respondents Advocates states that following the said ruling he wrote to the Applicants Advocate as a follow-up to the orders, and tabulated the throwaway costs at kshs. 51,814/=, Receiving no response to his tabulation…
…the Respondents Advocate asserts that it was he, not the applicants Advocate who asked the court to assess the costs.…
Division and case type: High Court DivCivil Appeal
…the proposed incoming advocate or party intending to act in person as the case may be.”…
…Tarwadi v Veronica Muehlemann [2019] eKLR it was held; “………. the essence of Order 9 Rule 9 CPR is to protect advocates from mischievous clients who will wait until a judgement has been delivered and then sack the advocate…
Division and case type: High Court CivilCivil Appeal
…Where a party has acted in person before judgment and thereafter appoints an advocate, the applicable provision is Order 9 Rule 7, which only requires the filing of a Notice of Appointment of Advocates.…
…person since there is no outgoing advocate.…