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Eastland Hotel Limited v. Wafula Simiyu & Co. Advocates

(2014) JELR 102563 (CA)

Court of Appeal  •  Civil Application No. Nai 13 of 2014 (UR 8/2014)  •  21 Mar 2014  •  Kenya

David Kenani Maraga, Erastus Mwaniki Githinji, Stephen Gatembu Kairu



1. The applicant, Eastlands Hotel Limited, has applied to this Court under Rule 5(2)(b) of the Rules of the Court for stay of execution of the High Court decree dated 10th May 2013 and any consequential orders therefrom, and a stay of further proceedings in Misc. Application No. 713 of 2012 pending the hearing and determination of the intended appeal.


2. The background to this application as it emerges from the record before us is that the law firm of Wafula Simiyu and Co Advocates, the respondent, represented the applicant in the High Court at Nairobi in Civil Case Number 167 of 2012. The applicant was one of six defendants in that suit. The suit was settled by consent of the parties on 21st September 2012.

3. The respondent failed to agree with its client, the applicant, regarding the legal fee payable for work done by the respondent in connection with that suit. In November 2012 the respondent filed an advocate/client Bill of Costs against the applicant i…

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