Case law
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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: 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: 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: CivilCase number Civil Application
…I find that the advocates ought to have moved stenuously to save their client in May, 1986 as soon as they had found out what had happened, and they did not do so.…
…I put this delay down to the advocates as they ought to have shouldered the burden fully, without blaming their client for not bringing further fees.…
Division and case type: CivilCivil Case
…; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional hands of his advocates, his mistake should not be visited upon the applicant.…
…However the advocate told him that he would write to him as the advocate was in a hurry to attend another matter in another court. The advocate never wrote to him and in December, 1989 he went to the advocates office.…
Division and case type: CivilCivil Appeal
…; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional hands of his advocates, his mistake should not be visited upon the applicant.…
…However the advocate told him that he would write to him as the advocate was in a hurry to attend another matter in another court. The advocate never wrote to him and in December, 1989 he went to the advocates office.…
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 Appeal
…The appellant passed this letter to its advocates M/s Marende & Company Advocates and on the 14th July 1992, those gentlemen wrote a letter to the respondent asking the respondent to provide relevant documents to prove their…
…learned judge delivered himself as follows: “Having already analysed the material events which culminated in the sale of the vehicle it is clear that the person who would be guilty of negligence or wrong-doing would be the 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 Appeal
…Lengthy submissions by advocates on both sides were made and on 15th December 1993, we delivered our ruling rejecting the application.…
…At the insistence of Mr Lakha who was the leading advocate for the Corporation the Court then fixed the hearing for 31st October, 1994.…
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: CivilCivil Appeal
…The address for service for the appellants is care of Mohamed & Muigai Advocates, Hazina Towers, P O Box 61323, Nairobi.…
…It is intended to serve copies of this Notice on: - SATISH GAUTAMA ADVOCATES INTERNATIONAL HOUSE P O BOX 47413 NAIROBI DATED at Nairobi this 24th day of March, 1997.…
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: 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 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 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
…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: 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
…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: 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.…