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National Bank of Kenya Ltd v. Edward Maina Njanga T/A Maina Njanga & Co. Advocates

(2005) JELR 98554 (CA)

Court of Appeal  •  Civil Appli 173 of 2005  •  29 Jul 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application by National Bank of Kenya Limited (Bank) under Rule 5(2)(b) of the Court of Appeal Rules for an order that the execution of the decree of the High Court of Kenya at Mombasa in H.C.C.C. No. 180 of 2004 given on 17th June, 21005 be stayed pending the hearing and the determination of an intended appeal against the decree.

The respondent is an advocate of the High Court of Kenya. He was retained by the Bank on various dates to offer legal services in two suits viz Civil Suit No. H.C.C.C. No. 587 of 2001, National Bank of Kenya Ltd. v. Mahesh Manubhai Patel t/a Coastal Services and Supplies and in Bankruptcy Cause No. 9 of 2002.

There was no dispute that the Advocate rendered legal services as instructed but apparently there was a dispute on the legal fees payable. As a consequence the

Advocate filed two Bills of Costs, in Miscellaneous Application Numbers 583 of 2005 and 584 of 2003 seeking taxation of Advocate/Client Bills of Costs. The Bank applied…

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