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Severino Ambale Makoba v. Joginder Singh Behan

(1978) JELR 96357 (CA)

Court of Appeal  •  Civil Appeal 44 of 1977  •  15 Jun 1978  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: Madan, Wambuzi and Law JJ A)

CIVIL APPEAL NO 44 OF 1977

BETWEEN

SEVERINO AMBALE MAKOBA........................APPELLANT

AND

JOGINDER SINGH BEHAN............................RESPONDENT

JUDGMENT

Madan JA The appellant engaged the professional services of the respondent, who is a practising advocate, to look after the appellant’s interest in certain contentious civil proceedings for a fee of Shs 2000 which he duly paid to the respondent. The appellant lost his case in the High Court. He alleged professional negligence against and sued the respondent in the Court of the Senior Resident Magistrate, Kisumu, for a refund of the fee paid by him to the respondent, plus a further sum of money said to have been spent by him. The appellant ‘s suit against the respondent was dismissed by the Senior Resident Magistrate who held that, on the evidence as a whole, the appellant had failed to establish his claim. The appellant complained against the respondent to the Law …

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