Case law
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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
…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
…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?”…
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: CivilCivil Appeal
…Mr S B M Kariuki, the appellant herein, has in the recent past been the advocate on record for the Hon K S N Matiba.…
…It is obvious to me that to counternance Mr Kariuki’s type of claim would open judges to endless harassment by all manner of malcontents, whether advocates or parties, who might feel that they have unfairly lost their battles…
Division and case type: CivilCivil Appeal
…The respondent alleged that he had paid a total of Kshs 220,000 of the agreed price of Kshs 650,000, the appellants, of which they acknowledged receipt, and a further Kshs 30,000 to their advocate, Mr K M Patel, of Nakuru…
…The respondent therefore sought orders of specific performance against the appellants, or alternatively the return of the total of Kshs 250,000 paid to the appellants and their advocate, plus what were described as mesne…
Division and case type: CivilCivil Case
…Civil Procedure Act (cap 21) sections 3A, 75(1) Advocates Mr Juma for the Applicant Mr C B Gor for the Respondent August 29, 1991, the following Judgement of the Court was delivered.…
…The application for leave to appeal against Shields J’s decision was opposed by Mr C B Gor, the advocate for the respondent and original plaintiff.…
Division and case type: CivilCivil Appeal
…submitted that a breach of rule 23 was not irredeemable, that it was not his wish to have the appeal decided on technicalities and that in any event the court would be reluctant to penalize a party for the mistake of his advocate…
…Until January 1983, every petition had to be advertised at least seven days before the hearing otherwise the appointment for hearing would be cancelled unless the petitioner or his advocate appeared before the registrar to…
Division and case type: CivilCivil Appeal
…When he consulted his advocate in July 1991, he was informed that he could not sue because the claim was time-barred.…