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…