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ADALA
V.
ANJERE

(1988) JELR 106325 (CA)

Court of Appeal 6 Jul 1988 Kenya
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Case Details

Suit Number:Civil Application Nai 30 of 1988
Judges:Johnson Evan Gicheru JA John Mwangi Gachuhi JA Fred Kwasi Apaloo JA
Location:Nairobi
Other Citations:Adala v. Anjere [1988] eKLR

RULING

The applicant in his amended application filed on 16th March 1988 sought leave of the court to stay execution of the orders granted in the High court in Miscellaneous Civil Application No. 360 of 1982 pending the hearing of an intended appeal to this court or until further orders of the court.

The background of this matter is that the applicant acted for the respondent in an accident claim that occurred in 1979 in which the applicant received Shs. 800,000/- as damages. He paid over Shs. 740,000 to the respondent and retained the balance as to Shs. 50,000/- towards fees and Shs. 10,000/ - being disbursements he had incurred. The retention of Shs. 60,000/- resulted into a dispute which was taken to the Disciplinary Committee of the Law Society. Eventually the appellant was ordered to tax his bill. It was then that Miscellaneous Application No. 306 of 1982 was filed. The bill was taxed in the sum of Shs. 22,553/-. The appellant was ordered to pay Shs. 37,447/- to the respondent. The…

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