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Odera Obar & Co. Advocates v. Charter House Bank Limited

(2018) JELR 94222 (CA)

Court of Appeal  •  Civil Appeal 12 of 2015  •  9 Feb 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Abigail Mshila



[1] This is an appeal from the Ruling of the High Court (Fred A. Ochieng’, J) striking out the appellant’s bill of costs against Charter House, Bank Limited (CHB) on the ground that the bank had no authority to appoint the appellant to act for it.

[2] The bill of costs which was filed as miscellaneous application is an advocate/client bill of costs to recover costs incurred by the appellant firm of advocates in Milimani High Court Civil Suit No. 329 of 2006. The bill of costs was placed before the Deputy Registrar of the High Court for taxation. The Central Bank of Kenya (CBK) through its advocates requested that the issue whether or not the appellant was entitled to costs should be referred to a Judge for determination.

Consequently, the Deputy Registrar referred the issue to a Judge for determination. Although all counsel accepted that an objection to a bill should first be raised before the Taxing Officer, they nevertheless agreed that the objection should be det…

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