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Kenya Commercial Bank Limited v. Muturi, Gakuo & Company Advocates (A Firm)

(2008) JELR 100084 (CA)

Court of Appeal  •  Civil Appeal 222 of 2005  •  8 Feb 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

In order to understand fully this appeal before us, we feel substantial parts of the plaint and the defence need to be reproduced in this judgment.

Vide a plaint dated 22nd September 2003 and filed on the same date in the superior court, the appellant in this appeal, Kenya Commercial Bank Limited, sued the respondent, Muturi, Gakuo and Company Advocates (a firm of advocates) and pleaded, inter alia, as follows:

“3. In the month of March, 2000, the plaintiff retained and employed the defendant as its advocate for reward to realize certain properties charged to it and to also act for it in H.C.C.C No. 38 of 2001 that was subsequently instituted against it and another by Prodex International Limited and seven others (hereinafter referred to as “Prodex”) and the defendant agreed and undertook to so act for the plaintiff.

4. In the course of the defendant so acting, an agreement was reached fixing the amount of the defendant’s remuneration in respect thereof in the total …

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