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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/-.…

….……….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 advocate relied on the case law which demonstrated that the mistake of advocate may be excusable but in instances this indulgence of advocate may not be excusable.…

…The delay further in bringing this matter to court laid with the advocate.…

…A recognised agent is stated but not an advocate whose definition appears in the Advocates Act (Cap. 16).…

…"advocate" means any person whose name is duly entered upon the Roll of Advocates or upon the Roll of Advocates having the rank of Senior Counsel and .......... includes any person mentioned in S. 10."…

…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.…

…The defendant’s advocate was allowed to withdraw from acting for his client on account of lack of adequate or appropriate instructions.…

…The defendant’s advocate had failed to alert his client of the consequences of delay in giving him instructions for filing a defence.…

…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 Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.…

…herein with concurrence of the advocates for the defendant be set aside.…

…Instead, the notice of change of advocate herein dated 24th January 1990 was signed by M/S. Arum and Company Advocates.…

…For the reason the public is deemed to have notice of advocates who are unqualified to offer legal services at a fee.…

…It is also noteworthy that the Advocates Act itself makes provision for the recovery of the fees paid to such an advocate.…

…Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…I do not think an advocate for the plaintiff would normally have personal knowledge of the mattes in dispute.…

…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…

…It was posted at Mombasa for delivery at Nairobi where the applicants’ advocates ordinarily practices as such advocate. Postage was effected on 18th February, 1989.…

…; 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.…

…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…