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Kabuito Contractors Limited v. Mereka t/aMereka & Co Advocates

(2003) JELR 100295 (CA)

Court of Appeal  •  Civil Appeal No 240 of 2001  •  11 Jul 2003  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua


Kabuito Contractors Limited v. Mereka t/a

Mereka and Co Advocates

Court of Appeal, at Nairobi July 11, 2003

Omolo, Tunoi and Keiwua JJ A

Civil Appeal No 240 of 2001

Civil Practice and Procedure – pleadings - counterclaim and set-off – interpretation of the Civil Procedure Rules order VII rules 2 and 11 – whether rules inconsistent – whether an application to challenge a counterclaim under rule 2 can be dismissed – proper order to make under the rule.

Civil Practice and Procedure – costs – advocate’s bill of costs – Advocates Act (cap 16) section 49 – circumstances to which section 49 does not apply - where there is agreement between advocate and client on remuneration and where client disputes the reasonableness or quantum of the costs. This appeal related to the interpretation of the provisions of the Civil Procedure Rules Order VIII rules 2 and 11 regarding counterclaims and set-offs.

The respondent, an advocate of the High Court, filed a suit against the appellants claiming professional f…

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