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V.Chokaa T/A V.Chokaa & Co. Advocates v. Local Authorities Provident Fund (Lapfund)

(2020) JELR 94710 (CA)

Court of Appeal  •  Civil Application 46 of 2020  •  4 Dec 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] The applicant, v. Chokaa, t/a v. Chokaa and Co. Advocates was the advocate for Local Authorities Provident Fund (LAPFUND). Arising from that relationship, the advocate filed an advocate/client bill of costs for Kshs. 54,901,834 and a certificate of taxation dated 25th January, 2019 was issued, certifying the costs as due. The applicant thereafter obtained judgment against LAPFUND for Kshs. 54,804,907.

[2] LAPFUND moved the High Court seeking to have the judgment entered against it on 18th December, 2019 set aside together with all consequential orders, or alternatively the certificate of taxation dated 25th January, 2019 set aside, and the bill of costs dated 27th June, 2017 referred for taxation afresh. Upon hearing the application, the High Court (Ougo J) set aside the judgment that had been entered against LAPFUND together with the certificate of taxation and all consequential orders. The court also directed that the bill of costs dated 27th June, 2017 be refeā€¦

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