AKHTAR SHAHID BUTT & ANOR
V.
COMPANY ADVOCATES & ANOR

JUDGMENT OF THE COURT

On 24^th May, 2002, Akhtar Shahid Butt, the 1^st appellant herein, instructed his advocates David Kinusu Sifuna T/A Sifuna and Company Advocates, the respondent, to file a petition in the superior court for the winding up of M/s Modern Coast Builders and Contractors, the 2^nd appellant.

The petition, which was filed on the aforesaid date, named Shahid Parver Butt as the respondent. The petition was never set down for hearing. The 1^st appellant and the respondent settled the matter out of court, within only 12 days of its filing, and a consent order to mark the petition as withdrawn was filed in Court on 5^th June, 2002. Thereafter, the respondent presented its bill of costs for taxation. They claimed Kshs.1,860,000/= in respect of the instruction fee to file petition. The claim for that fee is worded as follows:

“Instructions to file petition to wind up the company with total assets valued at Kshs.80,000,000/=, Kshs.1,860,000/=”.

The taxing officer reduced the instructio…