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….……….PLAINTIFF -VERSUSLEONARD NJOGU NJAU T/A KINYANJUI & NJAU ADVOCATES…………………………………….DEFENDANTS JUDGEMENT The Plaintiff has filed an Originating Summons asking for the balance of money from the Defendants being a sum of…

…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The delay if any in opening the account can not be attributed to the firm of Nyachae & Company Advocates’ but to F.N. Wamalwa & Company Advocates who are now trying to put the blame on Nyachae & Company Advocates.…

…Wamalwa & Co Advocates for payment of Kshs 1,373,832.40 with interest thereon at 32% per annum from 20.12.96 until receipt of the said sum from M/s Wambugu & Co Advocates and henceforth interest thereon at 27% such interest…

…The delay if any in opening the account can not be attributed to the firm of Nyachae & Company Advocates’ but to F.N. Wamalwa & Company Advocates who are now trying to put the blame on Nyachae & Company Advocates.…

…Wamalwa & Co Advocates for payment of Kshs 1,373,832.40 with interest thereon at 32% per annum from 20.12.96 until receipt of the said sum from M/s Wambugu & Co Advocates and henceforth interest thereon at 27% such interest…

…Hamilton Harrison & Mathews advocates and Meenye and company advocates asked the Deputy Registrar to record an order in the following terms: 1.…

…Leaky and Meenye and Company Advocates. It is now the plaintiff’s case that M/s. Meenye and Company advocates had no authority to enter into any consent on behalf of the plaintiff.…

…On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered. A mentions date was taken for November 11, 1984.…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…Advocates who had been actually participating in this file. Both parties wished to have this file transferred to Meru as most of the witnesses reside there.…

…The advocate for the defendant did not appear for hearing on 19.3.96, when he had been duly served. He did mention to the advocate for the plaintiff that he was no longer on record. This is not enough.…

…She also produced a receipt for Ksh 7,000/- for the letters of administration being the advocates fees. This item was objected to by the advocate for the defendant.…

…The advocate for the defendant stated that an award for pain suffering and loss of Amenities be given at Ksh. 25,000/- only. He recorded therefore that a multiplier of 8 be given.…

…; 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.…

…The Defendant pleads in the alternative and without prejudice that he was fraudulently induced by the said Harit Sheth, who was his advocate, to in effect commit himself to the Plaintiff by a letter dated 30th June, 2002…

…addressed to the advocate in the sum claimed of KShs. 1 million.…

…It was the mistake of the advocates clerk who was given the documents to file but failed to do so.…

…The mistake of an advocate’s clerk is that of the advocate concerned and I note that counsel has not disowned the clerk save that he has left the firm and his whereabouts are unknown.…

…When this case came up for hearing on the 10.5.99, the advocate for the defendant stated he did not bring his witnesses to court. The reasons being that the parties were negotiating on out of court settlement.…

…The advocate for the plaintiff denied any knowledge of such settlement or any at all. The parties were given time to verify their facts and to return to court to either record a settlement or to continue with hearing.…

…The application is supported by an affidavit sworn on October 2, 2000 by Michael J Iseme, an advocate of this Honourable Court and a partner in the firm of Iseme, Kamau & Maema Advocates, which said firm is on record for…

…The same point was taken by the respondent’s advocate Mr Nzamba Kitonga.…

…On 26th July, 1982, a consent judgment, drawn and signed by M/S Karugu Wandai & co Advocates for the first defendant and Mr P.S. Punja, Advocates for all the defendants was filed in court and recorded.…

…that written submissions be filed beginning with that of the advocates for the plaintiffs.…

…The hearing proceeded ex parte because neither the defendants nor their advocates appeared. Nor was there any explanation as to their nonattendance.…

…In an affidavit in support of the application, Joseph Njoroge Mbugua, advocate of the firm of Githuka Mbugua & Co Advocates who are on record for the defendants, gave the reason for their non-attendance as being the absence…

…In the other case, it was stated that “our” clerk left the advocate’s employment.…

…If it was the same clerk in both cases the advocate could have said that the clerk had left and, if this was the case, could not be contacted to swear an affidavit.…

…Mungai Kamotho the defendant’s advocate.…

…Mr Macharia Njore, the advocate for the plaintiff filed a lengthy replying affidavit, explaining the circumstances that led to the vehicle being sold.…

…DEFENDANT RULING This suit was fixed by the plaintiff advocates for hearing today after which he served the defendants counsel with a hearing notice for today.…

…He failed to meet his advocate last Friday. I have perused the plaint. Plaint claims that in 1977 defendant closed the boundary between his land and plaintiffs land parcel no.…

…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…

…The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…