JOHN PATRICK MACHIRA T/A MACHIRA & CO. ADVOCATES V. ABOK JAMES ODERA T/A A. J. ODERA & ASSOCIATES

RULING OF THE COURT

By this reference brought under rule 54 of the Rules of this Court the applicant, John Patrick Machira, an advocate of the High Court of Kenya practising law in the name and style of Messrs. Machira and Co. Advocates, seeks to have the decision of a learned single Judge of this Court (Kwach, J.A.) given on 3rd August, 1999, reversed.

The application that fell before him for consideration was expressed to be brought under rule 4 for extension of time to file a notice of appeal and an appeal.

The decision against which the respondent, Abok James Odera, wishes to appeal was given by O'Kubasu J. (as he then was) on 30th July, 1999, in H.C.C.C. 183 of 1998. The learned Judge dismissed an application by the respondent to strike out the plaint or grant a stay pending arbitration, and entered summary judgment in favour of the applicant against the respondent for Shs.23,681,581.35 together with interest and costs being in respect of fees for certain professional services alleg…