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Muriu Mungai & Company Advocates v. China Civil Engineering Construction Corporation (K) Ltd

(2019) JELR 98805 (CA)

Court of Appeal  •  Civil Appeal 78 of 2018  •  28 May 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] Muriu Mungai and Co Advocates (appellants) filed a bill of costs on 19th April, 2016 before the Deputy Registrar against the respondent for professional legal services rendered. The bill was taxed at Ksh.148,856,561.90. At the heart of this appeal is the issue of whether the appellants are entitled to the said costs as taxed by the taxing officer and auxiliary thereto is the determination of the challenge that was mounted by the appellants regarding the interpretation of the provisions of rule 11 (1) of the Advocates Remuneration Order (Order) was complied with. The said order states;

“Should any party object to the decision of the taxing officer, he may within fourteen days after the decision give notice in writing to the taxing officer of the items of taxation to which he objects”

And whether the parties were governed by the provisions of the retainer agreement and whether the Judge misapprehended the applicable principles in establishing the value of the subj…

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