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MUSEMBI NDOLO & CO. ADVOCATES
V.
CANNON ASSURANCE (K) LTD

(2022) JELR 113713 (CA)

Court of Appeal 28 Apr 2022 Kenya
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Case Details

Suit Number:Civil Appeal 24 of 2017
Judges:DK Musinga, JA AK Murgor, JA S ole Kantai, JA
Location:Kisumu

JUDGMENT

  1. This appeal arises from the ruling of E. N. Maina, J. delivered at Kisumu on 26th February 2015 in Misc. Civil Application No. 161 of 2012. The background to the appeal is that by a letter dated 30th April 2004 the respondent instructed the appellant (a firm of advocates) to represent it in the taxation of 157 bills of costs filed against the respondent by Mr. Rajni K. Somaia Advocate, (Somaia). The said bills were grouped into several clusters and taxed by the Deputy Registrar and a ruling thereon delivered on 16th February 2006.

  2. Shortly after the taxation of the bills, Somaia filed an application to convert the certificates of taxed costs into decrees under section 51 of the Advocates Act. The respondent, represented by the appellant, opposed the application. A ruling thereon was delivered on 30th September 2005. Upon delivery of that ruling the respondent instructed the appellant to file an application under certificate of urgency for stay of execution and for leave to appea…

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