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Njagi Wanjeru & Company Advocates v. Nairobi City County

(2019) JELR 95011 (CA)

Court of Appeal  •  Civil Appeal 45 & 46 of 2016 (Consolidated)  •  22 Nov 2019  •  Kenya

Coram
Martha Karambu Koome, Hannah Magondi Okwengu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This appeal and Civil Appeal No. 46 of 2016 which we consolidated at the hearing arise from the same subject matter and a ruling of the High Court delivered on 15th December, 2015. In motions filed before Aburili, J. the appellant, Njagi Wanjeru and Company Advocates, applied for leave to appeal to this Court from the said ruling. The appellant informed the judge of the High Court in a supporting affidavit and in submissions captured at paragraphs 3 and 4 of an affidavit sworn on 15th October, 2015 that:

ā€œ3. I sincerely intend to appeal against the said refusal to allow the pre ā€“ taxation interest sought.

4. Indeed I am professionally curious to have the question, that is to say, whether the right to charge interest under paragraph 7 of the Advocates (Remuneration) Order is impugnable where the appropriate notice has been issued, clarified by the Court of Appeal.ā€

The judge allowed the appellant to come to this Court for an answer to that question.

The Advocates Act Cā€¦

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