Case law
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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
…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…
Division and case type: CriminalMiscellaneous Application
…I am also satisfied that the appeal was struck out because of a bona fide mistake on the part of the advocate which should not preclude his client from seeking to obtain a decision of its dispute on the merits.…
Division and case type: CivilCivil Appeals numbered
…The respondent will have costs of the applications which, to save time, I assess at shs.4,000/= for both applications which sum must be paid by the applicant to the respondent's advocate within the next 21 days failing which…
Division and case type: GeneralUnclassified
…Indeed s 364 (2) of the Criminal Procedure Code gives the accused person the right of being heard either personally or by an advocate in his own defence before any order to his prejudice is made under the section.…
Division and case type: Milimani Commercial CourtsElection Petition
…Havi replied that no advocate or judge takes pleasure in an application for recusal of a judge but that he was acting on instructions adding that the court may recuse itself or he would take his files and go away.…
…The Petitioner and her advocate Mr. Havi know that the Petitioner heard nothing of my disappointment about the application for my disqualification in Petition no. 102/2011 from any women caucus. That they know for sure.…
Division and case type: CivilCivil Case
…position that at this stage, the only evidence to suggest that the fifth to the eighth plaintiffs are the ones described in the libel is the following rather weak and inconsequential assertion contained in the affidavit of advocate…
Division and case type: CivilCivil Appeal
…The respondent alleged that he had paid a total of Kshs 220,000 of the agreed price of Kshs 650,000, the appellants, of which they acknowledged receipt, and a further Kshs 30,000 to their advocate, Mr K M Patel, of Nakuru…
…The respondent therefore sought orders of specific performance against the appellants, or alternatively the return of the total of Kshs 250,000 paid to the appellants and their advocate, plus what were described as mesne…
Division and case type: Constitutional and Human RightsPetition
…This statement from Mr Esmail has not been disputed either by the debtor or by its advocate. I therefore believe Mr Esmail that the said appeal is not in respect of the debt but is against the order for possession only.…
Division and case type: CivilCivil Case
…Distress for Rent Act 1737 [UK] section 18 Advocates Miss Nguku for the Plaintiff. March 5, 1991, Githinji J delivered the following Ruling.…
…According to that document which his dated 2/6/88, the tenant took possession of the premises on 2/6/88 “subject to the terms and conditions of the lease to be drawn up by the landlord’s advocates”.…
Division and case type: CivilCivil Appeal
…Neither the applicant nor the respondent's advocate exhibited a copy of such certificate but during the hearing of the application it was common ground that such a certificate had been given.…
Division and case type: Milimani Commercial CourtsCivil Case
…The advocates did not put the case for their parties or party on this to the others in detail or at all. Nzambi was not cross-examined on the issue.…
…Each party was blessed with an advocate and it would not be right for the court to do more than give a nominal sum for the loss which will be the usual one of Kshs 100.…
Division and case type: Milimani Commercial CourtsCivil Case
…Advocate have been handling this matter but I am afraid to say, with due respect, that they do not appear to have been keen enough. Civil case No.3401 of 1989 now before me was also referred to a panel of elders.…
Division and case type: CriminalCriminal Appeal
…The fact that the statement was recorded in English while the conversation was in Kikuyu language, was a further ground for its rejection contended the advocate.…
…The advocate’s plea for a reduction of conviction for the lesser offence of manslaughter is also futile because of a complete absence of provocation.…
Division and case type: CivilCivil Appeal
…When the trial commenced the respondent’s advocate sought formal leave to amend the defence to incorporate a plea of contributory negligence on the part of the deceased.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…If at the close of the evidence in support of the charge and after hearing such summing up, submission or argument as the prosecutor, the accused person or his advocate may wish to put forward, it appears to the court that…
Division and case type: CivilCivil Suit
…This aspect, though pleaded, was never canvassed by the advocate for the defendant. I hereby find that the plaintiff in this case has not proved his case on a balance of probability.…
Division and case type: CivilCivil Case
…Gachomba, the defendant's advocate on the other handsubmitted that damages for loss of expectation of life are aconventional sum of K.shs 70,000/- and no special facts had beenproved in this case to warrant more.…
…Gachomba, the defendant's advocate on the other handsubmitted that damages for loss of expectation of life are aconventional sum of K.shs 70,000/- and no special facts had beenproved in this case to warrant more.…
Division and case type: CriminalCriminal Appeal
…We have considered the argument and the principle referred to by counsel and we agree that an accused person has a right of representation by an advocate of his choice when proceedings began on June 27, 1983.…
Division and case type: FamilySuccession Cause
…Njore advocate on 10.1.88 at Aga Khan Hospital to prepare the will and that on the morning of 19.1.88, Mr. Njore visited him with a typed will and deceased executed the will in the presence of the respondent Mr.…
…James Macharia Njore (DW1) an advocate of the High Court of Kenya and deceased lawyer and friend testified that he was informed by the respondent on 9.1.89 that deceased had sent the respondent to inform him that deceased…