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…; 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.…

…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.…

…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?”…

…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.…

…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.…

…The Judge granted a stay on condition that the defendants paid a sum of Shs.720,000/-, being 10% of the damages awarded, to the appellant's Advocates.…

…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.…