Case law
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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: 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: 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: 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 CourtsElection Petition
…Githu Muigai Advocate, Mr. Mukele and Mr Kihara Muttu appear for the 1st and 2nd Respondents while Mr A.N. Ngunjiri advocate appears for the 4th respondent. The third respondent has not filed any papers at all.…
…accompanied by a copy of the petition, shall, within 10 days of the presentation of the petition, be served by the petitioner on the respondent. (2) service may be effected either by delivering the notice and copy to the advocate…
Division and case type: CivilCivil Appeal
…The appellant and his then advocate, had failed to attend court on the day fixed for the hearing of the suit.…
…But then, there is the case of the plaintiff who may have been seriously injured in a motor accident and is lying in hospital, or whose advocate is so injured and cannot explain away his absence on the same day for hearing…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…This action appears to have been taken as a result of two letters, one from Afrocox to the defendant (dated September 5, 1984) and the other from Afrocox’s advocates (dated September 7, 1984) to the defendant.…
…From Ashford’s advocate came a letter dated September 18, 1984, indicating their lack of interest in the matter and telling the defendant to address further correspondence to the plaintiff.…
Division and case type: CivilCivil Appeal
…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…
…Such a document gives the relevant locus standi to advocates to appear for their client(s) prior to service of summons. In fact it would be prudent for an advocate to file such a Notice which Mr. Ibrahim did.…
Division and case type: Environment and LandLand Case
…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…
…NYAKUNDI JUDGE NB: This Ruling has been dispatched electronically to the respective emails of the advocates in the matter.…
Division and case type: Anti-CorruptionPetition
…The Application is supported by an affidavit sworn by Wilfred Nyamu, an advocate of the High Court of Kenya and seized with the conduct of the matter on behalf of the Petitioner. 3.…
…Nyamu was unavailable and the advocate he had instructed to hold his brief had several matters that had earlier been listed before other Courts, and he had therefore been late to attend to this matter before this Court. 5…
Division and case type: Environment and LandCase
…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…
…NYAKUNDI JUDGE NB: This Ruling has been dispatched electronically to the respective emails of the advocates in the matter.…
Division and case type: CivilCivil Case
…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…
…The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…
Division and case type: CivilCivil Case
…DEFENDANT RULING This suit was fixed by the plaintiff advocates for hearing today after which he served the defendants counsel with a hearing notice for today.…
…He failed to meet his advocate last Friday. I have perused the plaint. Plaint claims that in 1977 defendant closed the boundary between his land and plaintiffs land parcel no.…
Division and case type: CivilCivil Appeal
…in the record of appeal which was served upon the appellant, and in addition he was aware that this appeal had been filed from the correspondence exchanged between the deputy registrar of this court and the appellant’s advocate…
…which was copied to the respondent’s advocate.…
Division and case type: CivilCivil Appeal
…By a letter dated 3rd April, 1996, the applicant asked the High Court for its proceedings and ruling to enable the applicant lodge an appeal.That letter was not copied to the respondent's advocates; nor was it copied to respondents…
…One Mwangi Mbuthia, the advocate for the applicant, has sworn a supporting affidavit and he explains the delay by saying that they were looking for some criminal proceedings which they thought were necessary to enable them…
Division and case type: CivilCivil Appeal
…In fact learned counsel said that the Plaintiff proudly stated (through her advocate Mr Ombaka) that the Defendant could not object to her plaint (Mr Oraro said “invalid” plaint) because it had not yet been served.…
…Is it possible that a trained advocate who is entitled to call himself professor and/or doctor assisted by two other trained advocates can put forward such erroneous arguments based on simple straightforward rules in respect…
Division and case type: CivilCivil Appeal
…The application was supported by an affidavit of the appellant's then advocate and based solely on the ground of non-service. The learned Judge was satisfied that there was service which when shown to Mr.…
Division and case type: Constitutional and Human RightsPetition
…The Official Receiver was however, represented by two advocates Mr Agina and led Mr Ndisya. The debtor was examined by the official receivers’ Senior Advocate.…