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NATIONAL BANK OF KENYA LIMITED
V.
OTIENO RAGOT & COMPANY ADVOCATES

(2020) JELR 97602 (CA)

Court of Appeal 3 Apr 2020 Kenya
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- The parties entered into a written retainer agreement for legal fees, but the appellant failed to pay, prompting the respondent advocate to file an advocate/client bill of costs for taxation. - The Deputy Registrar taxed the bill of costs

Case Details

Suit Number:Civil Appeal 36 of 2017
Judges:Milton Stephen Asike Makhandia JA Patrick Omwenga Kiage JA
Location:Kisumu
Other Citations:National Bank of Kenya Limited v. Otieno Ragot & Company Advocates [2020] eKLR

JUDGMENT OF ASIKE-MAKHANDIA, JA

Retainer agreements on fees between advocates and their clients are a common phenomenon but as the old adage goes, agreements are made to be broken as one party may fail to deliver on its end of the bargain leading to a fall out that may entail legal proceedings. It is no brainer then that when the appellant herein failed to honour its promise and pay the required fees to the respondent for work done and services rendered, the respondent took legal action and filed Advocate/client bill of costs for taxation. On 28th June, 2016, the Deputy Registrar /taxing officer by a ruling delivered on 28th June, 2016 taxed the bill at Kshs. 3,279,534/83 and certificate of costs was subsequently issued.

The respondent thereafter filed a notice of motion application dated 1st July, 2016 seeking judgment on the taxed costs together with interest. Before the hearing of the application however, the appellant filed a chamber summons application, which was in fact a referenc…

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