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East African Power Management Limited v. Stephens Kithi Ngombo T/a Steve Kithi & Company Advocates

(2012) JELR 98377 (CA)

Court of Appeal  •  Civil Appeal 56 of 2008  •  16 Mar 2012  •  Kenya

Coram
John walter Onyango Otieno, Martha Karambu Koome, Hannah Magondi Okwengu

Judgement

JUDGMENT OF THE COURT

On 4th June, 2004, STEPHEN KITHI NGOMBO T/A STEVE KITHI and COMPANY ADVOCATES (hereinafter referred to as the Advocates) filed a bill of costs titled:

“Advocates/Client Bill of Costs.”

The matter came up for hearing before the Deputy Registrar by the name Kwena, on 10th September, 2004. The record of proceedings show that the two respondents who are named in the Bill as, NINA WANGUI BAYUNI and EAST AFRICAN POWER MANAGEMENT LIMITED, as 1st and 2nd respondents, respectively, were served but only the 1st respondent appears to have entered appearance or was represented when the bill came up before the Deputy Registrar. We say so because there is no notice of appointment or a response by the 1st respondent that is on record. Our efforts to trace the affidavit of service so as to establish whether the 1st appellant was served with the notice of taxation were also not successful.

Going by the proceedings leading to the order of taxation, we see it was Counsel for the respon…

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