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….……….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.…

…The defendants will have none of that and so through their advocate Mr Kwach have appealed to this court on the following grounds: (1) That the learned judge erred in law in granting the respondent an indefinite ex parte…

…The respondent appointed M/s Ndungu Njoroge & Kwach as its advocates who duly lodged in the superior court a notice of appointment of advocates and served a copy thereof on the appellants' advocates.…

…The notice of appointment of advocates quite clearly points out that the advocates were appointed to act for the respondent in the suit itself.…

…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.…

…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.…

…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.…

…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.…

…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…

…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…

…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.…

…; 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.…

…; 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.…

…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.…

…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.…

…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.…