EAST AFRICAN POWER MANAGEMENT LIMITED V. STEPHENS KITHI NGOMBO T/A STEVE KITHI & COMPANY ADVOCATES

JUDGMENT OF THE COURT

On 4^th 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 10^th 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 1^st and 2^nd respondents, respectively, were served but only the 1^st 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 1^st respondent that is on record. Our efforts to trace the affidavit of service so as to establish whether the 1^st 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…