Case law
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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 Case
…For the reason the public is deemed to have notice of advocates who are unqualified to offer legal services at a fee.…
…It is also noteworthy that the Advocates Act itself makes provision for the recovery of the fees paid to such an advocate.…
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: 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 Suit
…Upon being served with the joint statement of defence the Plaintiff through its advocates sought further and better particulars of that defence.…
…The defendants blame both the poor communication between them and their erstwhile advocates and their advocates’ poor conduct of this case for the delay.…
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
…Indeed, three days after the making of the consent order, advocates for the respondent wrote to the appellant’s advocates inter alia, that: Following the order for stay of the proceedings in this case we are now requesting…
…The appellant’s advocates protested against the steps taken by the respondent’s advocates which led to a dispute between these advocates as to who had acted improperly and who was causing the delay in the arbitration proceedings…
Division and case type: CivilCivil Appeal
…To this end, K Mwaura & Company Advocates (the advocates), were instructed by the proprietors to find a buyer.…
…He saw that the price at which the plot was to be sold was Kshs 550,000/- and he must have seen that the respondent was the buyer and the advocates acting for both the respondent and the sellers were M/s K Mwaura & Co Advocates…
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
…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…
…It was posted at Mombasa for delivery at Nairobi where the applicants’ advocates ordinarily practices as such advocate. Postage was effected on 18th February, 1989.…
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: CivilCase number Civil Application
…I find that the advocates ought to have moved stenuously to save their client in May, 1986 as soon as they had found out what had happened, and they did not do so.…
…I put this delay down to the advocates as they ought to have shouldered the burden fully, without blaming their client for not bringing further fees.…
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 Appeal
…Lengthy submissions by advocates on both sides were made and on 15th December 1993, we delivered our ruling rejecting the application.…
…At the insistence of Mr Lakha who was the leading advocate for the Corporation the Court then fixed the hearing for 31st October, 1994.…
Division and case type: CivilCivil Appeal
…The appellant passed this letter to its advocates M/s Marende & Company Advocates and on the 14th July 1992, those gentlemen wrote a letter to the respondent asking the respondent to provide relevant documents to prove their…
…learned judge delivered himself as follows: “Having already analysed the material events which culminated in the sale of the vehicle it is clear that the person who would be guilty of negligence or wrong-doing would be the advocate…
Division and case type: CivilCivil Appeal
…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…
…Such a document gives the relevant locus standi to advocates to appear for their client(s) prior to service of summons. In fact it would be prudent for an advocate to file such a Notice which Mr. Ibrahim did.…
Division and case type: CivilCivil Case
…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.…
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.…