Search court decisions

…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.…

…The names of the different advocates were put down as representing the wrong party. Directions were due to be given in the suit on August 24, 1979.…

…His first advocate Mr Macharia, the only member of Macharia and company, the advocates, became a magistrate soon after the consent order was made so he did not draw and file Nduhiu’s reply to the counter-claim and defence…

…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.…

…On the 8th February 1993 the plaintiff’s advocate Mr Kenzi, appeared before me and was able to establish that although the notice of motion had been served on Mr Abdullah, the defendants advocate who was then on record, there…

…But I think that a diligent advocate is under duty to move the court on aspect like that. Mr Abdullah should have drawn the Deputy Registrar’s attention to the requirement of that rule.…

…By a letter dated 20th October 2010 the Deputy Registrar of the High court at Mombasa in response to an inquiry by the 1st Defendant’s advocate wrote:- “C.B. Gor & Gor Advocate MOMBASA RE: HCCC No. 35 of 1997 D.J.…

…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.…

…The only issue that was settled for decision by the advocates was who the real owner of plot number 133B Ongata Rongai was.…

…The matter in issue would then seem to be, as advocate for the appellants set out as the rst in the draft issues prepared by him: “Who is the owner of Plot No 133B Ongata Rongai?”…

…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…

…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.…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…I do not think an advocate for the plaintiff would normally have personal knowledge of the mattes in dispute.…

…Very briey 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.…

…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…

…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.…

…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.…

…I owe a lot to the advocate for the plaintiffs. I owe a lot to the advocate for the defendants.…

…Then there is this affidavit of the advocate Mr Taib Ali Taib. One does not deny the right of an advocate to swear an affidavit.…

…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…

…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.…

…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.…