Case law
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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 Case
…When this case came up for hearing on the 10.5.99, the advocate for the defendant stated he did not bring his witnesses to court. The reasons being that the parties were negotiating on out of court settlement.…
…The advocate for the plaintiff denied any knowledge of such settlement or any at all. The parties were given time to verify their facts and to return to court to either record a settlement or to continue with hearing.…
Division and case type: FamilySuccession Cause
…Kinyanjui Advocate and have sworn affidavits sworn on 21/10/03, 20/8/99 and 29/12/99.…
…Harrison Kinyanjui Advocate states that he was acting for the respondents. I have not come across any notice where Mr. Kinyanjui has ceased to act for both respondents.…
Division and case type: Constitutional and Human RightsPetition
…Mr Kabaka, the petition’s advocate, in the circumstances abandoned the first prayer in the application. I heard argument on the other prayers and on the authority of RETWEEDS GARAGES LTD [1962] I All E.R. 121.…
…Mr Lepelley, advocate for the petitioner, submitted that as there was no question but that interest in payable on dishonoured bills of Exchange and the Petitioner had not tendered any amount in respect thereof I should make…
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: Milimani Commercial CourtsCivil Suit
…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…
…In response to that argument the applicants advocate relied on the case of MUKISA BISCUIT MANUFACTURING CO.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by an affidavit sworn on October 2, 2000 by Michael J Iseme, an advocate of this Honourable Court and a partner in the firm of Iseme, Kamau & Maema Advocates, which said firm is on record for…
…The same point was taken by the respondent’s advocate Mr Nzamba Kitonga.…
Division and case type: CivilCivil Appeal
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…(b) “Ramesh Manek, Esq Advocate for the second defendant (ie Trade Bank Ltd) his costs occasioned by and thrown away by the appearance and defence filed by Kaplan and Stratton, Advocates on behalf of the second defendant…
Division and case type: CivilCivil Suit
…In opposition of the said application the defendant’s advocate has taken a preliminary point that the court has no jurisdiction to try this suit as it is instituted prematurely and in contravention of the Architects and Quanitity…
…The defendant’s advocate in the course of his submission did not argue that the court had no jurisdiction although it is there in his written statement of opposition to the substantive application.…
Division and case type: Constitutional and Human RightsElection Petition
…The 2nd respondent’s motion was filed by Mr James Orengo, his advocate, who also swore an affidavit in support thereof.…
…A person elected may at any time after he is elected send or leave at the office of the Registrar a notice in writing signed by him or on his behalf, appointing an advocate to act as his advocate in case there should be a…
Division and case type: CivilCivil Appeal
…Very briey what happened in that petition was that the advocates signed the petition as advocates for the petitioner.…
…name of the advocate who he thereby authorizes to act as his advocate.…
Division and case type: Constitutional and Human RightsPetition
…There is in the Bankruptcy Notice no 10 file notice of appointment by the debtors advocates filed on 8/10/90 and also a letter by the Debtors advocates dated 15/10/90 asking for copies of the pleadings for service and action…
…The same advocates filed fresh appearance and Notice of appointment in his Bankruptcy Cause on 18/2/91 – four days after the receiving order was given.…
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: Constitutional and Human RightsPetition
…Both appellants were represented at their trial by Mr S K M Mwangi, advocate, and the date of their respective sentences was the March 27, 1984.…
…The reason each appellant gave for the delay in preparing his appeal until July, 1984, (not July, 1983, as the record erroneously states) was that he was waiting to hear from his advocate, meaning Mr S K M Mwangi.…
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 Case
…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…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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 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.…