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Andy Forwarders Services Limited & Peter Muthoka v. Ochieng, Onyango, Kibet & Ohaga Advocates

(2019) JELR 106092 (CA)

Court of Appeal  •  Civil Appeal 203 of 2018  •  5 Jul 2019  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This appeal stems from a dispute between advocate and client over legal fees payable. The respondent, the law firm of Ochieng’ Onyango Kibet and Ohaga Advocates (the advocates) was retained by the appellants, Andy Forwarders Services Limited and Peter Muthoka (the clients) to institute suit, being Nairobi High Court Civil Case No. 149 of 2012, against Price Waterhouse Coopers Ltd and four others (the defendants). In that suit, the clients sought, among other reliefs, declarations and injunctive orders to restrain the defendants from circulating or publishing a forensic investigation report in which it was alleged that the appellants had breached statutory and fiduciary duties that had led to substantial loss. The suit was defended but was subsequently compromised before trial.

2. The advocates and the clients were unable to agree on the remuneration payable by the clients for work done in connection with that suit. Consequently, the advocates filed an advocate-c…

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