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…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…

…In their final addresses both the learned advocates agreed that for the purposes of assessment of quantum only the audited account (Ex. 5) and the suggested goodwill computation (Ex.6) were relevant in addition to the evidence…

…It is accepted by both the learned advocates that the petitioner therefore owed the company a sum of shs. 118,621/-. Computation of goodwill with a five years base is also accepted by both the learned advocates.…

…Evidence Act (cap 80) sections 37, 69(vi), (vii) Advocates Mr O Aluoch for the 1st and 2nd Appellants Mr Wasilwa for the 3rd Appellant Mrs Muinde, State Counsel, for the Respondent November 30, 1990, Khamoni J delivered the…

…As Mrs Muinde pointed out, the learned advocates were present in the Court but there is nothing on the record to show that they raised any objection.…

…It is true that in the instant case Mr Inamdar, in his eloquent tearing to shreds of the plaintiff’s advocates pleading, did not regard this aspect of the appeal as material, stating that it was not necessary to his appeal…