MWEA RICE GROWERS MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD V. A. N. NDAMBIRI & CO. ADVOCATES

RULING

Mwea Rice Growers Multi-purpose Society Ltd (hereinafter the “applicant”) is embroiled in a legal tussle with its former Advocates, M/S A.N. Ndambiri and Co. on the quantum of legal fees payable to the Advocates (hereinafter the “respondent”). The respondent filed a bill of costs for taxation in September 2004 and the Deputy Registrar (E.N.Maina), as the taxing master, assessed the fees at Shs. 1,365,790/= on 01.11.04.The respondent then applied to the High Court to have the judgment entered and the ensuing decree executed. In a “Ruling” dated 9th June, 2005 and delivered on 10th June, 2005, the superior court (Waweru, J.) entered judgment accordingly and attempts have since been made by the respondent to levy execution for the decretal amount.

Aggrieved by that Ruling, which resulted into a decree after entry of judgment, the applicant sought to challenge it before this Court and so filed a notice of appeal timeously on 24.06.05. There is a clear court stamp, and I am told an of…