Case law
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Division and case type: CivilCivil Appeal
…The defendants will have none of that and so through their advocate Mr Kwach have appealed to this court on the following grounds: (1) That the learned judge erred in law in granting the respondent an indefinite ex parte…
Division and case type: CivilCivil Appeal
…The appellant's insurers acting through their advocates, setlled the claim of the respondent who was the injured party. The respondent was represented by the firm of M/S. Mutula Kilonzo & Company Advocates.…
…The Advocates Act (Cap. 16 Laws of Kenya) provides very clear safeguards for clients whose moneys may be misappropriated by advocates. The advocates have to comply with The Advocates(Accounts) Rules.…
Division and case type: CivilCivil Appeal
…Now when this application was heard on August 2, 1979, the respondent and his advocate were present and so was the appellant but again his advocate was not there.…
…the appellant and his advocate were not there.…
Division and case type: CivilCivil Case
…; 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.…
Division and case type: CivilCivil Appeal
…; 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.…
Division and case type: CivilCivil Appeal
…The deceased, who at the time of his death, on 5th July 1995, was an advocate of the High Court of Kenya, was a member of LSK, and on account of such membership and pursuant to the Advocates (Accounts) Rules, made under the…
…The Council of the L.SK had and always has, the right to interfere with the management of any law firm including that of a deceased advocate to ensure that it is run in accordance with the Advocates Act.…
Division and case type: CivilCivil Appeal
…The respondent appointed M/s Ndungu Njoroge & Kwach as its advocates who duly lodged in the superior court a notice of appointment of advocates and served a copy thereof on the appellants' advocates.…
…The notice of appointment of advocates quite clearly points out that the advocates were appointed to act for the respondent in the suit itself.…
Division and case type: CivilCivil Appeal
…It gives me opportunity to issue a warning to Advocates and litigants.…
…The application was heard, stay was granted and Advocate Khaminwa given 28 days to file the appeal. This was because the Court of Appeal appreciated the urgency of the matter.…
Division and case type: CivilCivil Appeal
…The deceased, who at the time of his death, on 5th July 1995, was an advocate of the High Court of Kenya, was a member of LSK, and on account of such membership and pursuant to the Advocates (Accounts) Rules, made under the…
…The Council of the L.SK had and always has, the right to interfere with the management of any law firm including that of a deceased advocate to ensure that it is run in accordance with the Advocates Act.…
Division and case type: CivilCivil Appeal
…The deceased, who at the time of his death, on 5th July 1995, was an advocate of the High Court of Kenya, was a member of LSK, and on account of such membership and pursuant to the Advocates (Accounts) Rules, made under the…
…The Council of the L.SK had and always has, the right to interfere with the management of any law firm including that of a deceased advocate to ensure that it is run in accordance with the Advocates Act.…
Division and case type: CivilCase number Civil Application
…In a supporting affidavit sworn by Mr Wandaka the advocate who had the conduct of the suit, it is deponed that the applicant’s firm of advocates applied for proceedings and judgment on June 5, 1986, two days after the judgment…
…was read and copied the letter to the respondent’s advocate, that despite regular checking on the typed copies of proceedings and judgement, it was not until October 1, 1986 that a letter inviting the applicant’s advocate…
Division and case type: CivilCivil Appeal
…He then instructed his said advocate to either apply to set aside the judgement or appeal against it but the advocate did neither and offered no explanation for his inaction.…
…He could not find his advocate; so he went looking for him.…
Division and case type: CivilCase number Civil Application
…A copy of this letter was sent to the advocate of the Respondent.…
…by the Registrar and that the signed notice of appeal was only ready on 22nd February, 1996, and served on the Respondent's advocates on 28th February, 1996.…
Division and case type: CivilCivil Appeal
…As to the payment of the preliminary deposit, the respondents paid to the common advocate Kshs 70,000/- being 10% of the purchase price and the common advocate paid to the appellant a sum of Kshs 10,000/- at the request of…
…There was no evidence from the common advocate to show that the Sale Agreement was complied with up to the completion date.…
Division and case type: CivilCivil Appeal
…Very briey what happened in that petition was that the advocates signed the petition as advocates for the petitioner.…
…name of the advocate who he thereby authorizes to act as his advocate.…
Division and case type: CivilCase number Civil Application
…Mwaniki’s firm of advocates was appointed to act for the applicant in place of the former advocate who filed notice of appeal, the latter advocates, on perusal of the proceedings and the ruling of the superior court, realized…
…Change of advocates took place on 26th March 2009. The superior court granted leave on 23rd October 2009 and this application was lodged on 12th November 2009, about 20 days later. Mr.…
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 Case
…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: 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.…