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 Suit
…The sum total of the argument is that the plaintiff/applicant is an advocate of the High Court of Kenya practising under the name and style of Amayamu & Co Advocates currently based in Eldoret.…
…It appears the title documents were released as per the undertaking of the plaintiff/applicant to the advocates of the bank.…
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: Milimani Commercial CourtsCivil Suit
…The Respondent’s Advocate did not attend court despite service with the hearing notice.…
…Unlike in the cited case where no papers were filed in reply to the application, and where the Advocate sent his pupil to seek adjournment, the Plaintiff’s Advocate in the instant case filed a replying affidavit.…
Division and case type: CivilCivil Case
…Kiania Njau, advocate for the applicant. He adduced further reasons in support of the application during the hearing. Mr.…
…The respondent’s advocates are Daly and Figgs, advocates. They instructed them to represent their insured Peter Nyuttu in that action, which they did as shown by annexure A.…
Division and case type: CivilCivil Appeal
…He then instructed his said advocate to either apply to set aside the judgement or appeal against it but the advocate did neither and offered no explanation for his inaction.…
…He could not find his advocate; so he went looking for him.…
Division and case type: CivilCivil Case
…It was the mistake of the advocates clerk who was given the documents to file but failed to do so.…
…The mistake of an advocate’s clerk is that of the advocate concerned and I note that counsel has not disowned the clerk save that he has left the firm and his whereabouts are unknown.…
Division and case type: CivilCivil Suit
…for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of the Court of appeal Rules asking this court to strike out the notice of appeal filed by the advocates for Harry Lewis Nangurai…
…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…
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: CivilCase number Civil Application
…A copy of this letter was sent to the advocate of the Respondent.…
…by the Registrar and that the signed notice of appeal was only ready on 22nd February, 1996, and served on the Respondent's advocates on 28th February, 1996.…
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
…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: CivilCase number Civil Application
…The grounds upon which this application is brought are as follows:- “a) The delay in filing the Notice of Appeal was caused by the fact that the firm of Kimani & Michuki Advocates was required to formally apply for leave…
…to go on record in place of the previous Advocates M/s.…
Division and case type: CivilCivil Appeal
…Meanwhile, the respondent instructed Messrs Ameka & Company Advocates to act on his behalf in place of Messrs Wanjira & Company, Advocates.…
…On 11th October, 1990 therefore, Messrs Ameka & Company, Advocates wrote to the appellant in these terms: “Dear Sirs, Re: Accident on 23-3-1990 along Mombasa Road involving m/vs KZV 889 and KUJ 314 Your insured: - Pauline…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Case
…Advocates who had been actually participating in this file. Both parties wished to have this file transferred to Meru as most of the witnesses reside there.…
…The advocate for the defendant did not appear for hearing on 19.3.96, when he had been duly served. He did mention to the advocate for the plaintiff that he was no longer on record. This is not enough.…
Division and case type: CivilCivil Case
…The plaintiffs executed the same and returned them to the defendant’s advocates on 23rd October, 1984. That was about seven months from the date of acceptance of the offer to advance money.…
…The charge had not been drawn by the defendant’s advocates.…
Division and case type: CivilMiscellaneous Application
…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 Case
…A defence was filed by the defendant/respondent through his firm of advocates Mbugua and Mbugua in which liability was actually denied saying that the accident occurred through inevitable circumstances or as an act of God…
…As a result of this document the plaintiff/applicant through his counsel Njuguna & Co, Advocates filed an application on 21st April 1992 to pray for entry of judgment against the defendant/respondent in the sum of Kshs 67,900…