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Mohammed Jawayd Iqbal (Personal representative of the Estate of the late Ghulam Rasool Janmohamed) v. George Boniface Mbogua alias George Boniface Nyanja

(2020) JELR 98988 (CA)

Court of Appeal  •  Civil Appeal (Application) 242 of 2018  •  4 Dec 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

In his much-acclaimed classic text titled Common Sense Rules of Advocacy for Lawyers (2004, Capital. Net) the American lawyer Keith Evans includes in his appendix a letter from Roland Boyd a senior lawyer to his son who was just about to join the profession. Titled ‘How to Succeed as a Lawyer’ and first published in the November 1962 issue of the Texas Law Journal, the letter outlines some 21 Steps to Success, each a plea to the young lawyer to remember them if he is to have a long, happy and successful career. In addition to such practical wisdom as ‘a lawyer’s integrity being of vital concern to the Community, ‘the end does not justify the means’, ‘to be a good lawyer you must first be a good man’ (or woman!) the senior Boyd admonishes the junior to “Remember, no people have ever developed a better method of settling disputes among men, than our judicial system.” He then offers this explanation;

“It was developed by the legal profession, it has been through fire, m…

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