RULING OF THE COURT
This is an application for stay of proceedings pending the lodging hearing and determination of an intended appeal from the decision of the superior court in Nairobi (Kimaru, J) dated 24th July 2009 in High Court Misc Cause No 278 of 2008. It is brought under Rules 5(2((b) and 42 of the Court of Appeal Rules.
The applicants’ brief version of facts is that on or about 4th May 2007 the second applicant instructed the respondents, a firm of lawyers to act on its behalf in the acquisition of shares in a number of local companies, and as a result the respondent set out the terms of its engagement which included the charging of its fees on a time expended basis. The respondent then proceeded to carry out the instructions and by an e-mail dated 16th October 2007 the respondent attached a fee note dated 15th October 2007. The respondent had by another e-mail sent to the applicant on 15th October 2007 set out the time spent and the fee it proposed to charge for the work done…