KENYA BUS SERVICES LTD V. SUSAN MUTETI

JUDGMENT OF THE COURT

This appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement of claim, pay directly to the injured party, the sum in respect of the claim for damages and at the same time pay party and party costs to the advocates for the injured party by a separate payment?

The facts in the matter In issue in the superior court are not_ in dispute. The appellant's insurers acting through their advocates, setlled the claim of the respondent who was the injured party. The respondent was represented by the firm of M/S. Mutula Kilonzo and Company Advocates. By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S. Mutula Kilonzo Company sought orders of the superior court to enter Judgment in that only if there was a proper assignment by the client to the advocate, could the advocate seek payment and to say so he relied

on section 136 of The Transfer of Property Act 1382, of India as is…