HARIT SHETH ADVOCATES V. NZIOKA & CO ADVOCATES

RULING OF THE COURT

The matter before court is an application dated 30th November, 2017 brought pursuant to Rule 5(2)(b) of the court of Appeal Rules, 2010 seeking stay of the ruling of Sergon, J. dated 22nd September, 2017 pending the hearing and determination of the intended appeal. The dispute involves unpaid legal fees secured by a professional undertaking.

Briefly, the facts are as recounted hereunder. Nzioka and Co. Advocates (hereinafter ‘the respondent’) was retained by Afrison Export Ltd and Huelands Ltd (the plaintiffs) to act for them in H.C.C.C. NO. 617 of 2012 in respect of a dispute involving the ownership of property identified as L.R. No. 7879/4. Harit Sheth Advocate (hereinafter ‘the applicant’) took over the matter from the respondent. The respondent’s outstanding legal fees of Kshs.300,000,000/= was secured by a professional undertaking contained in letters dated 29th March 2013 and 5th April, 2013. It is contended that Kshs.25,000,000/= remains unpaid.

After making a …