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Muriu, Mungai & Co. Avocates v. New Kenya Co-operative Creameries Limited

(2019) JELR 98804 (CA)

Court of Appeal  •  Civil Appeal 286 of 2010  •  8 Feb 2019  •  Kenya

Coram
Philip Nyamu Waki, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal under Paragraph 11(3) of the Advocates (Remuneration) Order from a decision of the High Court (Koome, J (as she then was)) rendered on 26th March, 2010 upholding the respondent’s objection to a decision of a taxing officer and striking out the appellant’s bill of costs.

2. The background to the appeal, in brief, is that the appellant (the advocates) acted for the respondent (the client) in connection with transfer of assets. A disagreement arose concerning the remuneration payable to the advocates. The client contended that the advocates were not entitled to charge more than a fee that had been agreed in advance. On 2nd May 2007, the advocates lodged a Bill of Costs dated 30th April, 2007 before the High Court at Nairobi seeking taxation of the costs as between advocate and client in connection with work done by the advocates for the respondent relating to the transfer of a property known as Title Number Nakuru Municipality/Block 11/38 ( former…

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