OMULELE & TOLLO ADVOCATES V. MOUNT HOLDINGS LIMITED

JUDGMENT OF THE COURT

By an unwritten agreement between Mjad Investments Limited (the third party) and a law firm then known as Omulele and Company Advocates (the appellant) the former engaged the latter as its lawyers to defend Mombasa HCCC No 158 of 2008. In addition to these instructions, the third party also engaged the appellant’s services in two other suits, namely Mombasa HCCC No. 89 of 2008 and Mombasa HCCC No. 55 of 2008, which involved the third party’s two other subsidiaries, namely Great Lakes Ports Limited and Delgreen Limited respectively. The third party is the respondent’s holding company. It was orally agreed that the third party would pay a fixed monthly sum to the appellant as the legal fees for each of the matters aforesaid. It is common ground that these monthly sums were initially paid and services duly rendered.

Meanwhile, in the course of its operations, the appellant brought in a new partner and henceforth came to be known as Omulele and Tollo Advocates. The app…