PETER MUTHOKA & JOSEPH MUMO KIVAI V. OCHIENG, ONYANGO, KIBET & OHAGA ADVOCATES

JUDGMENT OF THE COURT

This appeal turns on the narrow question of how a Taxing Master ought to determine for purposes of instruction fees, the value of the subject matter for purposes of an advocate - client bill of costs where a suit has been settled between the parties.

The appellants herein Peter Muthoka (Muthoka) and Joseph Mumo Kivai (Kivai) (the clients), had previously retained the law firm of Ochieng, Onyango, Kibet and Ohaga Advocates (the advocates), to represent them in various matters particularly to defend them in High Court Civil Suit No. 503 of 2011, CMC HOLDINGS LIMITED and CMC MOTORS LIMITED -vs- ANDY FORWARDING SERVICES LIMITED and 2 OTHERS, a suit wherein the plaintiffs sought, inter alia, a declaration that the clients and others had breached their fiduciary duties to the said plaintiffs thereby occasioning them losses amounting to Kshs.1,563,000,000, which they claimed plus interest.

That suit was compromised in terms of a Settlement Deed dated 8th February, which wa…