Case law
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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
…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…
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: 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: CivilCivil Case
…She also produced a receipt for Ksh 7,000/- for the letters of administration being the advocates fees. This item was objected to by the advocate for the defendant.…
…The advocate for the defendant stated that an award for pain suffering and loss of Amenities be given at Ksh. 25,000/- only. He recorded therefore that a multiplier of 8 be given.…
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 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: 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: GeneralCase
…Ongele of Ongele and Company Advocates of Kisumu. The applicant swears that he instructed Mr.…
…WAINAINA (NO 3) [1982] KLR 33, LAW, J.A held that – “An advocate’s bona fide mistake, but not inordinate delay on the advocate’s part, may amount to sufficient cause …… The only delay was due to the advocate’s bona fide but…
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: 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: CivilMiscellaneous Application
…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…
…Now the company knew of the terms of these debentures and accepted them on the advice of the its advocates. Its terms are draconian.…
Division and case type: CivilCivil Suit
…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…
…Now the company knew of the terms of these debentures and accepted them on the advice of the its advocates. Its terms are draconian.…
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: CivilCivil Suit
…On 1st March,1990 the defendant's advocates wrote to the plaintiff companyquestioning the sale of the vehicle at shs. 950,000/= while thevalue was shs. 1.3 million.…
…Advocates. The defendant then came to know that hisvehicle had been sold vide a letter dated 24th January, 1990 '(Exhibit G).…
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.…
Division and case type: Milimani Commercial CourtsCivil Case
…When the case came before me for Formal Proof, the Advocates for the parties had not properly thought out the case, but after some discussion in Court and a 1/2 days adjournment the issues became clear to both Judge and Counsel…
…and I have had much assistance from the Advocates.…
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.…