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Christopher Orina Kenyariri t/a Kenyariri & Associates Advocates v. Salama Beach Hotel Limited, Hans Juergen Langer, Touristic & Technology GMBH & Accredo AG

(2017) JELR 103177 (CA)

Court of Appeal  •  Civil Appeal 62 of 2016  •  10 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The parties to this interlocutory appeal have, deliberately or otherwise, rendered the litigation leading to the appeal an unnecessarily convoluted and tangled legal affair. A straightforward advocate-client dispute over fees has spewed out numerous applications and references, both in the High Court and in this Court, which have achieved nothing but obfuscation of the issue in dispute and delay of resolution of the suit. On our part, we do not think it is necessary to venture into the legal thicket created by the parties in order resolve this appeal. The heart of the matter is the advocate’s application of 11th November 2015, which Chitembwe, J. dismissed on 7th April 2016. Accordingly we do not deem it necessary to delve minutely into the background, save only in outline for the necessary context.

The appeal arises out of a dispute between an advocate (the appellant) and his clients (the respondents) over the advocate’s fees. After the relationship became sour, t…

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