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R. Billing & Co. Advocates v. Kundan Singh Construction Limited (Now KSC International Limited)

(2020) JELR 95170 (CA)

Court of Appeal  •  Civil Appeal 254 of 2013  •  10 Jul 2020  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant filed before the taxing officer an advocate-client bill of costs arising from the proceedings in HCCC No.164 of 2009, which related to a contract between the respondent and Tanzania Roads Agency for the construction of Mbeya-Chunya-Makongolosi Road in Tanzania. The aggregate sums contained in a bank performance guarantee and 2 advance payment guarantees amounted to Kshs.534,581,100 while the total sum of the road construction agreement was given as Kshs. 1,734,581,100.00. When the two contracting parties disagreed, the respondent engaged the appellant to act for it in H.C. Civil Suit 164 of 2009, Kundan Singh Construction Limited and another v. Tanzania National. The figures presented in this dispute are in, some instances incomprehensible and convoluted. We shall, however try to simplify them.

Based on what they believed they deserved for their services, the appellant drew a bill in which it sought to be paid a total of Kshs.39,968,752.00, less Kshs.…

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