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Professional ethics and practice

You are approached by the man who paid your college fees, your maternal uncte Mr. Mjumbe Mbele. He complained bitter[y how a tocal media house had published an article about him which he described as malicious falsehoods propagated by his enemies. He vowed to teach them a lesson.

He now informs you that he has instructed his former schoolmate Wakili Mjuaji to sue the media house. He says that despite offering to pay for the services, his schootmate declined citing lasting friendship. Instead your uncle should pay for court fifing fees and refated disbursements

He prepared a plaint in which he claimed general, punitive and aggravated damages for libel and costs. He then asked for a total of  being Kshs. 70,150 court fees on plaint and Kshs.30, 100 allied disbursements.

Your uncle has now discovered that his case has been dismissed for want of prosecution and that the court filing fees on plaint paid was only Kshs.4,830. He is furious. He wants you to do something.

You are holding the Advocates Act in your hands, The lectures on Professional Ethics and Practice also pass through your mind. You schedule a meeting with him.

• Are there valid questions on the conduct of Wakili Mjuaji? (4 marks)
• Are there lawful options open to Mjumbe Mbele? (4 marks) (c) With reference to the Advocates Act, draw up appropriate pleadings for filing against the conduct of Wakili Mjuaji giving reasons for your actions. (12 marks)