<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>:The appeal before us is brought by <em>South Nyanza Sugar Company Ltd, </em>the appellant hereinafter. The respondent, <em>Samuel Ochillo </em>is an advocate in Kisii and trades as such in the name of Ochillo and Company Advocates. The appeal arises in this way.</p><p>By a plaint dated and lodged in the High Court at Kisii on 25^th October, 2001, the respondent claimed from the appellant the sum of Kshs. 2,689,500.00/- as fees due to him from the appellant in respect of various cases which the respondent said he had, as an advocate, defended in various courts on the instructions of the appellant. Accompanying the plaint was a letter by the respondent to the Deputy Registrar of the High Court and the letter was in the following terms:-</p><p><em>“DATE 25/10/01.</em></p><p><em>DEPUTY REGISTRAR,</em></p><p><em>HIGH COURT, KISII.</em></p><p><em>Dear Sir,</em></p><p><em>RE: KISII HCC NO. 174 OF 2001</em></p><p><em>SAMUEL OCHILLO v. SOUTH NYANZA SUGAR LTD.</em></p><p><em>------------------------------------------</em></p><p><em>We have the honour to refer to the above case and wish to advise that the above intended…</em></p>