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Ntoitha M'Mithiaru v. P M Wamae & Co Advocates

(2014) JELR 95187 (CA)

Court of Appeal  •  Civil Appeal 17 of 2013  •  18 Jun 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The respondent filed an advocate/client bill of costs claiming Kshs. 8,731,711.14/= for services rendered to the appellant. The bill of costs arose from an Election Petition filed by the appellant challenging the election results in respect of the position of Member of Parliament for Ntonyiri Constituency in the 2002 general elections.

2. In opposing the bill of costs, the appellant filed a replying affidavit. The appellant deposed that the applicant had volunteered its professional services to the National Rainbow Coalition (NARC) in the 2002 general elections. The appellant maintained that he did not appoint the applicant directly; it was his sponsoring party, NARC, which appointed the respondent on his behalf. By a letter dated 20th March, 2003, the respondent confirmed that it was offering its services on a voluntary basis; the appellant would only be required to pay a concessionary fee of Kshs. 400,000/=. The appellant paid the aforementioned sum and met th…

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