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…The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of 1991 of the Principal Magistrate’s Court Kisumu…

…REPUBLIC OF KENYA Waweru v Republic High Court, at Nairobi August 14, 1985 Schofield J Criminal Appeal No 1723, 1724 & 1725 of 1984 (Appeal from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants…

…Responding to the Plaintiff’s Advocates submission that the first Defendant had not filed an affidavit, he stated that there was no law which required one Defendant not to swear an affidavit on his behalf and on behalf of…

…Paragraph (d) of the consent is also a clear pointer that the parties and their advocates anticipated that they would go on with the suit and that is why they recorded that “costs of the application be in the suit”.…

…But the applicant and his advocate managed to get to the venue of nomination before 1:00 p.m.…

…Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…

…In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded. He has supported his argument with English authorities.…

…M/s Wetangula & Co Advocates for the defendant suggests a figure of Shs 80,000/- M/s KJ Kinyanjui a figure of Shs 170,000/-. Both have relied on case law.…

…Evidence Act (cap 80) sections 37, 69(vi), (vii) Advocates Mr O Aluoch for the 1st and 2nd Appellants Mr Wasilwa for the 3rd Appellant Mrs Muinde, State Counsel, for the Respondent November 30, 1990, Khamoni J delivered the…

…As Mrs Muinde pointed out, the learned advocates were present in the Court but there is nothing on the record to show that they raised any objection.…

…The records show that the parties were subsequently represented by Advocates although in the pleadings were not amended and several applications and counter applications were presented at the interlocutory stage.…

…The defendants on their part did not offer any evidence but their advocates filed written submissions.…