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…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…

…In response to that argument the applicants advocate relied on the case of MUKISA BISCUIT MANUFACTURING CO.…

…In opposition of the said application the defendant’s advocate has taken a preliminary point that the court has no jurisdiction to try this suit as it is instituted prematurely and in contravention of the Architects and Quanitity…

…The defendant’s advocate in the course of his submission did not argue that the court had no jurisdiction although it is there in his written statement of opposition to the substantive application.…

…Unfortunately the initial letter the registrar dated July 22, 1980 was not copied to the respondent to the intended appeal or their advocate as Rule 81 (2) requires. Held: 1.…

…Unfortunately the initial letter to the registrar applying for the certified copies was not copied to the respondent to the intended appeal (that is Esso) or their advocates as rule 81(2) requires.…

…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.…

…Advocate, counsel on record for the applicant.…

…He did not hear from his advocate at all. He only came to know what had happened the time he was served with the application for eviction on 23rd August, 1994.…

…for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of the Court of appeal Rules asking this court to strike out the notice of appeal filed by the advocates for Harry Lewis Nangurai…

…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…

…Their advocate, Mr Chege, put forward submissions in support of the application. There was no time for Mr Agina for the respondents to reply. So the matter was put off to another day.…

…On 1st March,1990 the defendant's advocates wrote to the plaintiff companyquestioning the sale of the vehicle at shs. 950,000/= while thevalue was shs. 1.3 million.…

…Advocates. The defendant then came to know that hisvehicle had been sold vide a letter dated 24th January, 1990 '(Exhibit G).…

…This aspect, though pleaded, was never canvassed by the advocate for the defendant. I hereby find that the plaintiff in this case has not proved his case on a balance of probability.…

…Rather the suit is filed by all the 214 persons through the advocate as authorized by order 1 rule 1 Civil Procedure Rules. In that case, each of the plaintiffs is personally responsible for the conduct of his own suit.…