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KAMUNYORI & COMPANY ADVOCATES V. DEVELOPMENT BANK OF KENYA LIMITED

(2015) JELR 105420 (CA)

Court of Appeal  •  Civil Appeal 206 of 2006  •  3 Jul 2015  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

1. The appellant, Kamunyori and Company, is a firm of advocates. It lodged this appeal on 22nd September 2006 against the decision of Ochieng J dated 12th June 2006 allowing a reference by Development Bank of Kenya Ltd, the respondent, which owed them professional fees for services rendered. The Taxing Officer had taxed the appellant’s advocate/client Bill of Costs in favour of the advocates in the sum of Shs.14,045,854/=. The learned Judge reviewed and returned the Bill to the Taxing Officer to be taxed afresh. The appellant, aggrieved by the decision, filed this appeal.

The record shows that the professional fees claimed by the appellant were in respect of services rendered in the High Court suit No.1155 of 2002 at Milimani Commercial Courts. The suit was instituted by Anspar Beverages Ltd (the plaintiff) against the respondent which was named as the 1st defendant, and East African Development Bank, as the 2nd defendant. In the suit, the plaintiff sought a multip…

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