Case law
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Division and case type: Environment and Land CourtCivil Suit
…Terming service of the court process on the applicant’s advocate on record proper service on the respondent, for all intends and purposes, the respondent avers that the instant application is designed, meant and intended…
…I find the issues arising therefrom to be as follows: - a) Whether service of court processes, post judgment on the advocate on record for parties is proper service; b) Whether the applicant ought to have been personally…
Division and case type: Environment and Land CourtCivil Suit
…advocate on record verily believed that there was a Defence on record given that the matter was initially filed on the 27th April 2021 and later settled by consent.…
…(d) The advocate on record was instructed and filed a notice of appointment on 25th January 2024.Annexed in the affidavit was a notice of appointment and marked as “ROM - 2”.…
Division and case type: Environment and Land CourtCivil Suit
…That the Plaintiffs’ Advocate on record failed to respond to the Defendant’s application for stay of execution dated 28th March 2025 despite service and that the application being unopposed was allowed by the Court on 1st…
…The application is misconceived as the Applicant is seeking to blame the advocates on record on something they delayed on settling amongst themselves at the time to file the Replying Affidavit; v. …
Division and case type: Environment and Land CourtCivil Suit
…The application is premised on the ground that his advocate on record, AGN Kamau, neither attended court for hearing of the case nor informed the applicant of the hearing, leading to judgment being issued against the applicant…
…Advocates, who perused the court file and established that owing to none attendance of the applicant’s advocate on record, the case proceeded ex parte. 4.…
Division and case type: Environment and Land CourtCivil Suit
…It was his deposition that the Plaintiff or her advocate on record had not offered any reasonable explanation why they failed to attend court when their application dated 14th February, 2025, came up for hearing. 4.…
…The Defendant/Respondent deponed that the allegation that her advocate on record had problems connecting to the court virtually does not hold water, considering that the said law firm is situated in Nakuru town within close…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff/Respondent took issue with the Supporting Affidavit, which is sworn by the Advocate on record for the Applicant, Mr Victor Ayieko.…
…Further, he averred that as advised by his advocate on record, under Section 80 of the Civil Procedure Act, AND Order 45(1) of Civil Procedure Rules on review, such a remedy is available where no appeal has been preferred…
Division and case type: Environment and Land CourtCivil Suit
…Advocates to come on record for the Defendant/Applicant in place of C.M Kingori & Co. Advocates after Judgment and Decree have been passed; 3.…
…It is the Applicant’s case that she had documents in support of her claim over the suit property but the Advocates then on record failed to file the same in court. 11.…
Division and case type: Environment and Land CourtCivil Suit
…Teresia Muthua Advocate on record for the Plaintiff herein logged in at about-8.3Ö o\'clock but when the matter was called out at: about 8.40a.m there was a brief power interruption in the gadget counsel was using and was…
Division and case type: Environment and Land CourtCivil Suit
…The matter came up for mention on 19th November, 2024 before the Honorable court in the presence of the Defendant’s Counsel without notice to the Plaintiff’s Advocate on record.…
…The mention notice dated 14th October 2024 prepared by the 1st Defendant's Advocates on record was served on the Plaintiff's erstwhile advocates instead of the Plaintiffs current advocates on record.…
Division and case type: Environment and Land CourtCivil Suit
…The application is premised on the ground that his advocate on record, AGN Kamau, neither attended court for hearing of the case nor informed the applicant of the hearing, leading to judgment being issued against the applicant…
…Advocates, who perused the court file and established that owing to none attendance of the applicant’s advocate on record, the case proceeded ex parte. 4.…
Division and case type: Environment and Land CourtCivil Suit
…According to the plaintiff, her advocate on record erroneously and inadvertently was advised by the registry staff that the suit was due before ELC Court 2 before Hon.…
…The respondent argues that the Plaintiff has been an orchestrator of her own lethargy having had so many advocates on record and the issue of whom she gave instructions cannot fall on the Defendants.…
Division and case type: Environment and Land CourtCivil Suit
…It was pointed out that when the suit came up for further defence hearing on 30.05.2023 the 3rd defendant’s advocates on record voluntarily closed her case and the court was not informed of the alleged illness on the part…
…The judgment was delivered on the due date in the presence of the 3rd defendant’s advocates on record who promptly filed a notice of appeal dated 05.10.2023. 15.…
Division and case type: Environment and Land CourtCivil Suit
…That the 2nd Defendant/Applicant herein instructed his Advocates on record in this matter to peruse the court file, obtain copies of relevant documents filed and to file the appropriate application.…
…I am satisfied that the 2nd Defendant and the other Defendants were properly served through their Advocate on record and participated throughout the trial.…
Division and case type: High Court DivCivil Suit
…That I am informed by my advocate on record Mr.…
…That I am advised by my advocates on record which advice I verily believe to be true that the applicant’s draft statement of defence has not raised any triable issues to be considered by this honourable court.…
Division and case type: Environment and Land CourtCivil Suit
…The 2nd Defendant’s application is supported by an Affidavit sworn by its Advocate on record Andrew Mukite Musangi and is premised on the grounds that: i) The 2nd Defendant is the bona fide owner of the following parcels…
…then on record and that the case be reopened to enable them prosecute their case. 20.…
Division and case type: Environment and Land CourtCivil Suit
…Applicant seeks the following orders:- a) Spent b) Reinstatement of his application dated 12th June, 2025 which was dismissed on 6th October, 2025 for want of prosecution; c) Leave for the firm of M/S Tarigo Kiptoo & Company advocates…
…to come on record for the Plaintiff/Applicant in place of the firm of M/S G.K Kimaiyo which was previously acting for the Plaintiff/Applicant. 2.…
Division and case type: Environment and Land CourtCivil Suit
…The application is supported by the affidavits of the plaintiff/applicant’s advocate on record and the intended next friend, James Oundo Okumu.…
…that there is no recent medical report or comprehensive psychiatric assessment from a qualified specialist annexed to confirm that the applicant is presently incapable of making sound judgment or giving instructions to his advocate…
Division and case type: Environment and Land CourtCivil Suit
…The Respondents argue that an advocate properly on record possesses the authority to conduct litigation on behalf of a client including making procedural decisions such as withdrawing an application. 12. …
…It is settled law that an advocate on record has the authority to conduct proceedings on behalf of a client and that such authority includes making procedural decisions necessary for the conduct of litigation. 21. …
Division and case type: Milimani Commercial CourtsCivil Suit
…The application is supported by the affidavit of FIRDOSH EBRAHIM JAMAL, an Advocate on record for the Applicants. The application is opposed.…
…THAT it was agreed that the Plaintiff would furnish the particulars sought, but I also informed the Judge that we had yet to receive all the files pertaining to the matter from advocates previously on record. 5.…
Division and case type: High Court CivilCivil Suit
…The firm of Ongoya & Wambola Advocates being on record, a new advocate ought to first seek leave first then address the court, counsel emphasized that the applicant seeks to dispute the instructions issued and the consent…
…on record previously.…