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EASTLAND HOTEL LIMITED V. WAFULA SIMIYU & CO. ADVOCATES

(2014) JELR 102565 (CA)

Court of Appeal  •  Civil Appeal 105 of 2014  •  24 Oct 2014  •  Kenya

Coram
John Wycliffe Mwera, Daniel Kiio Musinga, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

This appeal arose from a ruling delivered by Ogola, J. on a reference to the High Court against the taxing officer’s decision delivered on 12th April, 2013. In that taxation, M/S Wafula Simiyu and Company Advocates, the respondent herein, filed an Advocate/client bill of costs for services rendered in HCCC No. 167 of 2012 (OS), Qian Guo Jun v. Qian Zeng Mao, Qian Zengde, Tang Wei Qin, Meng Bo, Hong Lizhi and East Land Hotel Limited. The respondent’s bill of costs was taxed at Kshs.19,374,317/=.

It is important to restate the nature of the claim in that case because the prayers sought have a bearing on the amount of fees charged by the respondent. The plaintiff, who claimed to be a shareholder and director of East Land Hotel Limited (the 6th defendant), filed an originating summons seeking determination of the following questions:

“(a) Whether arbitral proceedings have commenced upon the Applicant’s declaration of a dispute at the request for the dispute between the …

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