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C.B. GOR & GOR
V.
ORIENTAL COMMERCIAL BANK LIMITED (FORMERLY KNOWN AS DELPHIS BANK LIMITED)

(2018) JELR 103483 (CA)

Court of Appeal 5 Jul 2018 Kenya
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Case Details

Suit Number:Civil Appeal 110 of 2016
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:C.B. Gor & Gor v. Oriental Commercial Bank Limited (formerly known as Delphis Bank Limited) [2018] eKLR

JUDGMENT OF THE COURT

1. The appeal revolves around two major issues, to wit, whether the High Court has jurisdiction to strike out bills of costs before the taxing master and whether the bills of costs as filed by the appellant were time barred.

2. There was a long standing advocate/client relationship between the appellant and the respondent. The appellant represented the respondent in contentious as well as non-contentious matters. Somewhere down the line, this relationship took a sour turn culminating in its termination in October, 2005, at least as per the respondent. As a result, the respondent through its current advocates, Messrs Patel and Patel Advocates, wrote to the appellant requesting them to release all documents and monies belonging to it to the said advocates. As would be expected the appellant in response sent an itemized bill of what it deemed as costs due to it.

3. It seems that the respondent was not agreeable to the amount being claimed and negotiations on the same c…

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