Case law
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Division and case type: Milimani Commercial CourtsMiscellaneous Application
…For reasons that are not clear, but which have no relevance to this reference, the respondent fell out with its advocates.…
…The said advocates (who are now the applicants) then filed their Advocate-Client Bill of Costs on 13th January 2005.…
Division and case type: CivilCivil Suit
…His excuse for the default is that the Plaintiff’s Advocate also happened to be his own advocate and that he was made to believe by the said Advocate that no action would be taken against him and that he should find ways…
…He also says he has a good defence and a sound set-off against the said Advocate. This application is opposed by the Plaintiff.…
Division and case type: CivilCivil Suit
…The sum total of the argument is that the plaintiff/applicant is an advocate of the High Court of Kenya practising under the name and style of Amayamu & Co Advocates currently based in Eldoret.…
…It appears the title documents were released as per the undertaking of the plaintiff/applicant to the advocates of the bank.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The Respondent’s Advocate did not attend court despite service with the hearing notice.…
…Unlike in the cited case where no papers were filed in reply to the application, and where the Advocate sent his pupil to seek adjournment, the Plaintiff’s Advocate in the instant case filed a replying affidavit.…
Division and case type: CivilMiscellaneous Application
…The application is based on the ground that there was a mistake on the part of the advocate in having miscalculated the date from which the time commenced to run for the purpose of computing the time within which the appeal…
…The Certificate of Delay included in the original appeal which was struck out and the one attached to the present application states in paragraph 6 as follows: "By letter dated 20th May 1998 the Advocates were notified that…
Division and case type: CivilCivil Suit
…Meanwhile the said advocates had also filed an application seeking to be joined as interested parties.…
…Neither have they contended that the said advocate was not properly on record. 7.…
Division and case type: Milimani Commercial CourtsCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…DEFENDANT R U L I N G ALII MARO HERO (the plaintiff) instituted this case against DOYO GUYU ( the defendant) through a plaint drawn and filed on the 12th May 2003 by M/s Mungatana & Co Advocates, praying for a declaration…
…The defendant, through Ms BEN OCHIENG & CO ADVOCATES, filed a defence in which he pleaded that this court has no jurisdiction to hear and determine this suit or to grant the reliefs sought by the plaintiff pursuant to the…
Division and case type: CivilMiscellaneous 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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…It is quite pertinent to notice that these suggestions were made by the defendant's advocate during the plaintiff'scross-examination.…
…But the defendant's evidence which was solely adduced by the man who was the plaintiff's supervisor on the material day contrasted sharply with the advocate's suggestions.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilMiscellaneous Application
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…(b) “Ramesh Manek, Esq Advocate for the second defendant (ie Trade Bank Ltd) his costs occasioned by and thrown away by the appearance and defence filed by Kaplan and Stratton, Advocates on behalf of the second defendant…
Division and case type: CivilCivil Suit
…He told the court he wished to find another advocate. Atkinson, Cleasby and Satchu filed a notice of change of advocates on June 23, 1978 for the defendant and Mr Jayantilal Shah of that firm took over his defence.…
…He would have to engage another advocate so Bhandari J made that order on October 28, 1982. The defendant was given about 1½ months notice of the resumption of this hearing but arrived without an advocate.…
Division and case type: CivilMiscellaneous Application
…Application No. 796 of 1997) ****************************** R U L I N G The applicant, Moses Kipngetich Kurgat is an advocate of the High Court of Kenya.…
…The ruling he alludes to had the effect of, if not stayed confirmning his suspension from the roll of advocates as decided by the Disciplinary Committee of the Law Society of Kenya on the 22nd day of August, 1997.…
Division and case type: CivilCivil Suit
…In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded. He has supported his argument with English authorities.…
…M/s Wetangula & Co Advocates for the defendant suggests a figure of Shs 80,000/- M/s KJ Kinyanjui a figure of Shs 170,000/-. Both have relied on case law.…
Division and case type: CivilMiscellaneous Application
…True, the date was changed to the 8th August, but that does not alter the essential fact in that he had no business to leave his advocate without instructions.…