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Wanga & Company Advocates v. Apa Insurance Company Limited

(2014) JELR 96440 (CA)

Court of Appeal  •  Civil Appeal 78 of 2009  •  24 Jan 2014  •  Kenya

John walter Onyango Otieno, Erastus Mwaniki Githinji, Festus Azangalala



In an application by Notice of Motion dated 25th April, 2006 and filed on 13th July, 2006, the respondent herein, which was the applicant in the Motion, sought one substantive order of the Court, that it was not liable to the appellants herein, who were the respondents in the Motion in respect of payment of their fees and that an entity called Kenya Bus Services Limited was liable for the same. Mwera J, as he then was, on 16th April, 2008 granted the order sought with costs against the appellants. The appeal before us is against that Order.

The appellants are advocates and the respondent is an entity which offers, insurance services in Kenya. It was not disputed that the appellants rendered legal services to the Kenya Bus Services Limited. The dispute was on whether the respondent was liable to pay for those services. The appellants contended before the High Court through affidavit evidence and submissions of counsel that the respondent had previously paid for the …

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