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Njagi Wanjiru & Company Advocates v. The City Council Of Nairobi

(2016) JELR 94904 (CA)

Court of Appeal  •  Civil Appeal 151 of 2008  •  24 Jun 2016  •  Kenya

Coram
John Wycliffe Mwera, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. This appeal emanates from the decision of the High Court (Osiemo J) made September 2007 in a ruling in High Court Miscellaneous Civil Application No.54 of 2007. In that ruling, the High Court dismissed with costs a chamber summons application dated 15th May 2007 made by the appellant seeking orders, firstly, that the taxation dated 4th May 2007 by the Taxing Officer be set aside, reviewed and vacated in so far as it related to items numbers 1 and 36 of the Advocate-Client Bill of Costs dated 30th January 2007 and, secondly, that the Bill be remitted to another Taxing Officer to be taxed and/or be taxed by the High Court.

2. The record shows that the above-named appellant, a firm of advocates, acted for the respondent, Nairobi City Council, which was the defendant in Nbi H.C.C.C. No.1323 of 1993. In that case, the 1st plaintiff, Joseph Ndirangu Waweru, was a director of Mooreland Mercantile Co Ltd which was named as the 2nd plaintiff. The claim by the two plaintiā€¦

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