ZAKHEM CONSTRUCTION (KENYA) LTD V. MEREKA & COMPANY ADVOCATES

JUDGMENT OF THE COURT

1. The appellant has challenged a ruling of the High Court (R. E. Ougo, J.) delivered on 5^th November 2014 in which that court found that the appellant had instructed and retained the respondent “in realizing” a project and that the appellant “is estopped from denying” that it instructed the respondent “to act on its behalf.” In effect, the court found that a client/advocate relationship was established between the parties on the basis of which the respondent could present its bill of costs for taxation. The issue is whether that finding is well founded. In other words, did the respondent have instructions from the appellant to render professional services as claimed?

Background

2. On 18^th June 2012, the respondent, Mereka and Company Advocates, a firm of advocates, initiated proceedings against the appellant before the High Court at Nairobi in Miscellaneous Civil Application No. 336 of 2012 seeking taxation of an advocate/client bill of costs quantified at Kshs. 13…