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Kagwimi Kang'ethe & Company Advocates v. O-Kerai Nurseries Limited, Agnes Kasyoka & Shedrack Munyalo Nzenge

(2017) JELR 100291 (CA)

Court of Appeal  •  Civil Appeal 268 of 2010  •  6 Oct 2017  •  Kenya

Coram
Wanjiru Karanja, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. Kagwimi Kangethe and Company, the appellant in this appeal, is a firm of advocates. In the years 2005 to 2008, it acted for O-lerai Nurseries Limited in Nbi H.C.C.C. 565 of 2005 (O-lerai Nurseries Ltd v. National Bank of Kenya Limited), the 1st respondent in this appeal.

2. For services rendered by the appellant qua advocates for the respondent in the said suit, the appellant claimed Shs.4,795,524.16 in an advocate/client Bill of Costs filed in the High Court in Milimani Commercial Courts in Miscellaneous Cause No.393 of 2008 which the Deputy Registrar (K. L. Kandet) taxed in the sum of Shs.1,364,623/= after taxing off some amount on various items and deducting the sum paid amounting to Shs.1,500,000/=. The upshot of the taxation was as follows –

(a) Professional fee Shs.2,460.925.00

(b) Add V.A.T. Shs. 393,748.03

(c) Add disbursements

Total Shs.2,864,623.03

Less paid Shs.1,500,000.00

Balance Shs.1,364,623.00

3. The appellant was dissatisfied with the decision of the D…

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