JUDGMENT OF THE COURT
We have before us an appeal dated 24th January, 2007 filed on 5th July, 2007, by GEORGE ARUNGA SINO T/A JONE BROOKS CONSULTANTS LIMITED (hereinafter referred to as the appellant) against PATRICK J. O. OTIENO AND GEOFFREY D. O. YOGO, both trading as OTIENO YOGO and COMPANY ADVOCATES (hereinafter referred to as the respondent). We also have a notice of cross appeal filed by the respondents against the appellants. As is the law, both were heard together and this judgment has considered grounds raised in both the memorandum of appeal and grounds of cross appeal.
The record shows that George Arunga who had practised as a licensed auctioneer since the year 1998 under the name of Jone Brooks Consultants Limitedalleged in an affidavit sworn in support of a notice of motion filed on 2nd August, 2006, that he had rendered services at Co-operative Bank of Kenya in his capacity as an auctioneer since 1999. He claimed to have received and executed various instructions from the …