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Salama Beach Hotel Limited, Hans Juergen Langer, Touristic and Technology Gmbh (Tour and Tech Gmbh) & Accredo Ag v. Christopher Orina Kenyariri t/a Kenyariri and Associates Advocates

(2019) JELR 94970 (CA)

Court of Appeal  •  Civil Appeal 100 of 2017  •  14 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

1. The appeal before us is a classic example of how litigants can make a mountain out of a molehill. The genesis of the dispute between the parties revolved around the determination of the legal fees due to the respondent on account of services rendered to the 1st and 2nd appellants. The rather straightforward issue was convoluted by the parties who kept on filing a plethora of applications upon applications.

2. Ultimately, on the basis of the determination of the said applications, the High Court (Korir, J.) was called upon, through yet another application dated 11th November, 2015, filed at the instance of the respondent, to consider the competency of the suit (H.C.C.C No. 20 of 2015) subject of this appeal. In a ruling dated 28th September, 2017 the learned Judge found that the suit was res-judicata and struck it out. It is that decision that has instigated the appeal before us which turns on one fundamental issue, that is, whether the suit in question was res-j…

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