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City Panel Beaters & Painters Ltd v. Lila Vadgama

(2011) JELR 103162 (CA)

Court of Appeal  •  Civil Appeal 248 of 2003  •  8 Apr 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Philip Nyamu Waki

Judgement

JUDGEMENT OF THE COURT

The record of appeal before us is an illustration of the worst case scenario in the adversarial system of litigation. What started off as a simple claim on a fee note has ballooned into a battle royale between an advocate and his client lasting ten years, and still counting. There were also side show skirmishes between the advocates on record themselves. In view of the final orders we intend to make in the matter, we shall refrain from extensive analysis of the pleadings and the numerous interlocutory applications filed along the way.

Lila Vadgama (“Vadgama”) was the advocate who filed suit in July, 2001 claiming legal fees in the sum of Shs.1,401,000/= on account of services rendered in drawing up three agreements. He has all along represented himself in the suit but did not show up to oppose the appeal when it was heard before us on 8th March, 2011, as he could not be traced at the physical address provided for service and was therefore served through registered…

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