Case law
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Division and case type: CivilCivil Appeal
…When the trial commenced the respondent’s advocate sought formal leave to amend the defence to incorporate a plea of contributory negligence on the part of the deceased.…
Division and case type: CivilCivil Appeal
…The lessee shall supply to the lessors a true copy of the instrument of such transfer, assignment or subletting and pay the fees of the lessors’ advocates for perusing such instrument and witnessing the lessors’ consent thereon…
…Accordingly the first four respondents wrote through their advocates, Messrs Atkinson, Clearly and Satchu, seeking the appellant’s consent to the proposed assignment to the Pereiras’ by a letter dated October 7, 1985.…
Division and case type: CivilCivil Appeal
…No comment was made on this omission either by the appellant’s advocate or by the learned judge whose attention, it is clear from the record, was not drawn to this omission.…
Division and case type: CivilCivil Appeal
…In a careful address, considering that Javan Bulemi is a layman, certainly not an advocate of the High Court, Javan Bulemi argued that the respondent sold the particular parcel of land to John Onyango through, him, Javan…
Division and case type: CivilCivil Appeal
…He went to an advocate, Mr Kassim, who filed a plaint on his behalf in the High Court in Mombasa on September 7, 1982 claiming damages, special and general, from the appellant for his “severe injuries and suffering and loss…
…This was taken as a preliminary objection by the appellant’s advocate, Mr Aboo, on September 22, 1983 before the High Court in Mombasa (Mr Justice Bhandari) to which Mr Kassim duly replied.…
Division and case type: CivilCivil Appeal
…The question for decision in this appeal is whether the expenditure incurred by the taxpayer appellant in payment of legal costs to the advocates for its bankers in connection with preparation of security documents to provide…
…The Advocates, Messrs. Shapley Barrett & Company prepared the necessary legal documents providing security and tendered their fee note. The total demanded was Shs 52,987.50.…
Division and case type: CivilCivil Appeal
…submitted that a breach of rule 23 was not irredeemable, that it was not his wish to have the appeal decided on technicalities and that in any event the court would be reluctant to penalize a party for the mistake of his advocate…
…Until January 1983, every petition had to be advertised at least seven days before the hearing otherwise the appointment for hearing would be cancelled unless the petitioner or his advocate appeared before the registrar to…
Division and case type: Anti-CorruptionCivil Appeal
…The appellant claimed, by his plaint, that the second respondent (who was served but failed to enter appearance as a result of which judgment was entered against him as prayed on the application of the advocate for the plaintiff…
…Karuri in turn filed suit against Ndoo and his employee, Kituo, the bus driver, for damages arising out of Kituo’s negligence but later, Karuri’s advocate withdrew it for reasons which were not vouchsafed to this court.…
Division and case type: CivilCivil Appeal
…The appellant made no application for stay of proceedings but when the case came up for hearing on 12th August 1992, more than four years later, the appellant's Advocate raised the arbitration issue in the form of a preliminary…
Division and case type: CivilCivil Appeal
…The application was supported by an affidavit sworn by the Appellant’s Advocate who deponed inter alia that the plaintiff’s action was statute barred and further stated that the plaintiff failed and / or is unable to show…
Division and case type: CivilCivil Appeal
…THAT I am advised by the Applicant’s advocate, Mr.…
…THAT I am advised by our Advocate on record, Mr.…
Division and case type: CivilCivil Appeal
…On this head, the respondent’s advocate had submitted as follows:- “The plaintiff has claimed loss of earning capacity of K.shs.4000/- per month. The plaintiff has not adduced any evidence concerning this.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…If that had been the case, and there is not a speck of evidence to support that suggestion from the plaintiff’s advocate, then the accident would have happened only if the 2nd defendant had been travelling in the lane next…
Division and case type: CivilCivil Appeal
…The respondent’s Advocate raised no objection. The upshot was that the SRM ruled in favour of the appellant and adopted the award.…
Division and case type: CivilCivil Appeal
…Mr Goswami is an advocate of the High Court and he appeared with Mr Oraro for the principal respondents in the superior court as well as this Court. The Father does not accept that Rai Ply is run as a family company.…
…Alternatively, each party may appoint one arbitrator and the two arbitrators so appointed would then choose an umpire who should preferably be a senior advocate or chartered accountant registered to practise in Kenya.…
Division and case type: CivilCivil Appeal
…It is incorrect to say as the plainti’s Advocate stated, that the defendant was personally served on March 20, 1984. 16.…
Division and case type: CivilCivil Appeal
…] A.U.E.R. 442 The Mekefjell [1976] 2 Lloyds Law Reports 29 The Kislovodst [1980] 2 Lloyds Law Reports 183 The El Amria [1981] 2 Lloyds Law Reports 119 Abidin Daver [1984] W.L.R. 196 Halloway v Povey [1984] 271 E.G. 195 Advocates…
…leading counsel who travelled from abroad to appear before us to argue the appeal on behalf of the defendants and the plaintiff respectively would not appear to have had their attention drawn to Carl Ronning by the local advocates…
Division and case type: CivilCivil Appeal
…According to him, Quadrant Services Limited is controlled by the firm of Messrs Kaplan & Stratton, advocates.…
…At all material times therefore, he caused one Michael E Aronson, a partner in the said firm of advocates to be appointed as a director of Stones Limited.…
Division and case type: CivilCivil Appeal
…As neither party was represented by an advocate there shall be no order as to costs. Orders accordingly. JUDGMENT OF Hancox CJ. I have had the advantage of reading in draft the judgment of Cockar Ag JA.…
Division and case type: CivilCivil Appeal
…When he consulted his advocate in July 1991, he was informed that he could not sue because the claim was time-barred.…