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: CriminalCriminal Appeal
…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: CriminalMiscellaneous Criminal Application
…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: CRIMINAL DIVISIONCriminal Appeal
…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
…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…
Division and case type: CivilCivil Case
…For the reason the public is deemed to have notice of advocates who are unqualified to offer legal services at a fee.…
…It is also noteworthy that the Advocates Act itself makes provision for the recovery of the fees paid to such an advocate.…
Division and case type: CivilCivil Case
…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…
…It was posted at Mombasa for delivery at Nairobi where the applicants’ advocates ordinarily practices as such advocate. Postage was effected on 18th February, 1989.…
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: CivilMiscellaneous Application
…The application is based on the ground that there was a mistake on the part of the advocate in having miscalculated the date from which the time commenced to run for the purpose of computing the time within which the appeal…
…The Certificate of Delay included in the original appeal which was struck out and the one attached to the present application states in paragraph 6 as follows: "By letter dated 20th May 1998 the Advocates were notified that…
Division and case type: Milimani Commercial CourtsCivil Case
…The Defendant pleads in the alternative and without prejudice that he was fraudulently induced by the said Harit Sheth, who was his advocate, to in effect commit himself to the Plaintiff by a letter dated 30th June, 2002…
…addressed to the advocate in the sum claimed of KShs. 1 million.…
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: CivilCase number Civil Application
…Mr Shields, the chief state counsel, for the Attorney General, opposed the award of costs to Mr Theuri because he was not an advocate.…
…only a sum for the work he did in preparing this matter for the application to the single judge of appeal and for the work he did for the reference to this court but also another sum for the notional costs of briefing an advocate…
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 Appeal
…The names of the different advocates were put down as representing the wrong party. Directions were due to be given in the suit on August 24, 1979.…
…His first advocate Mr Macharia, the only member of Macharia and company, the advocates, became a magistrate soon after the consent order was made so he did not draw and file Nduhiu’s reply to the counter-claim and defence…
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: CivilCivil Case
…On the 8th February 1993 the plaintiff’s advocate Mr Kenzi, appeared before me and was able to establish that although the notice of motion had been served on Mr Abdullah, the defendants advocate who was then on record, there…
…But I think that a diligent advocate is under duty to move the court on aspect like that. Mr Abdullah should have drawn the Deputy Registrar’s attention to the requirement of that rule.…
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: CivilCivil Case
…By a letter dated 20th October 2010 the Deputy Registrar of the High court at Mombasa in response to an inquiry by the 1st Defendant’s advocate wrote:- “C.B. Gor & Gor Advocate MOMBASA RE: HCCC No. 35 of 1997 D.J.…
Division and case type: CivilCivil Suit
…Meanwhile the said advocates had also filed an application seeking to be joined as interested parties.…
…Neither have they contended that the said advocate was not properly on record. 7.…
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…