Search court decisions

….……….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 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.…

…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.…

…Advocates who had been actually participating in this file. Both parties wished to have this file transferred to Meru as most of the witnesses reside there.…

…The advocate for the defendant did not appear for hearing on 19.3.96, when he had been duly served. He did mention to the advocate for the plaintiff that he was no longer on record. This is not enough.…

…She also produced a receipt for Ksh 7,000/- for the letters of administration being the advocates fees. This item was objected to by the advocate for the defendant.…

…The advocate for the defendant stated that an award for pain suffering and loss of Amenities be given at Ksh. 25,000/- only. He recorded therefore that a multiplier of 8 be given.…

…It was the mistake of the advocates clerk who was given the documents to file but failed to do so.…

…The mistake of an advocate’s clerk is that of the advocate concerned and I note that counsel has not disowned the clerk save that he has left the firm and his whereabouts are unknown.…

…When this case came up for hearing on the 10.5.99, the advocate for the defendant stated he did not bring his witnesses to court. The reasons being that the parties were negotiating on out of court settlement.…

…The advocate for the plaintiff denied any knowledge of such settlement or any at all. The parties were given time to verify their facts and to return to court to either record a settlement or to continue with hearing.…

…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.…

…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…

…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.…

…Mungai Kamotho the defendant’s advocate.…

…Mr Macharia Njore, the advocate for the plaintiff filed a lengthy replying affidavit, explaining the circumstances that led to the vehicle being sold.…

…In fact learned counsel said that the Plaintiff proudly stated (through her advocate Mr Ombaka) that the Defendant could not object to her plaint (Mr Oraro said “invalid” plaint) because it had not yet been served.…

…Is it possible that a trained advocate who is entitled to call himself professor and/or doctor assisted by two other trained advocates can put forward such erroneous arguments based on simple straightforward rules in respect…

…DEFENDANT RULING This suit was fixed by the plaintiff advocates for hearing today after which he served the defendants counsel with a hearing notice for today.…

…He failed to meet his advocate last Friday. I have perused the plaint. Plaint claims that in 1977 defendant closed the boundary between his land and plaintiffs land parcel no.…

…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…

…The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…

…In fact learned counsel said that the Plaintiff proudly stated (through her advocate Mr Ombaka) that the Defendant could not object to her plaint (Mr Oraro said “invalid” plaint) because it had not yet been served.…

…Is it possible that a trained advocate who is entitled to call himself professor and/or doctor assisted by two other trained advocates can put forward such erroneous arguments based on simple straightforward rules in respect…

…Kiania Njau, advocate for the applicant. He adduced further reasons in support of the application during the hearing. Mr.…

…The respondent’s advocates are Daly and Figgs, advocates. They instructed them to represent their insured Peter Nyuttu in that action, which they did as shown by annexure A.…