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Joyce Nsiza v. Amuga & Co Advocates

(2019) JELR 100513 (CA)

Court of Appeal  •  Civil Appeal 202 of 2018  •  21 Jun 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The dispute in this appeal relates to taxation of advocate client Bill of Costs. On 4th August 2014, the Deputy Registrar of the High Court taxed the advocate client Bill of Costs at Ksh. 11,894,926 in favour of the respondent firm of advocates. Judgment was entered against the appellant for this amount. On 15th January 2016, the Deputy Registrar in a ruling made a settlement of terms towards satisfaction of the judgment/decretal sum. In the ruling, the Deputy Registrar issued a warrant for sale by public auction of all that property known as Nairobi LR No. 209/7196/113, Harambee Estate registered in the name of the appellant and other judgment debtors. The property was to be sold at a reserve price of not less than Ksh. 6 million. The net proceeds to be paid directly to the respondent advocate the decree holder in this matter.

2. Aggrieved by the Deputy Registrar’s ruling, the appellant filed a Notice of Appeal to the High Court dated 28th January 2016. The mai…

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