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Otieno Yogo & Company Advocates v. Equity Bank Limited

(2014) JELR 93786 (CA)

Court of Appeal  •  Civil Appeal . 14 of 2014  •  10 Dec 2014  •  Kenya

David Kenani Maraga, Festus Azangalala, Sankale ole Kantai



The appeal before us is brought by M/s Otieno Yogo & Co., a firm of advocates, against the ruling of the High Court (Chemitei, J.) dated 26th November, 2013. By that ruling, the learned Judge held in abeyance the advocates' application dated 26th March, 2013 in which they had sought to convert into a judgment and decree the certificate of costs issued in the proceedings on 11th March, 2013 in the sum of Kshs.279,798.02 against their eastwhile clients, Equity Bank Ltd, (“the client”). The learned Judge made that order because he had allowed another application dated 10th October, 2012 in Misc. Application No.173 of 2012 in favour of the client. That order was introduced in this appeal by way of a supplementary record of appeal lodged by the client. The learned Judge allowed the application in terms of prayers 2, 3 and 4 thereof. Those prayers were expressed as follows:-

“2. This Honourable Court be pleased to stay taxation of the bills of costs in the matters be…

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