JUDGMENT OF THE COURT
[1] This is an appeal against the ruling and order made by the High Court (Warsame, J.) (as he then was) on 24th April 2007. The appellant is D. Njogu and Company Advocates a firm of advocates that was retained by National Bank of Kenya Limited, the respondent herein.
[2] On 21st February 2001 the appellant was instructed by the respondent to defend it in High Court Civil Suit No. 229 of 2001. In the said suit the respondent had been sued by one of its customers M/S Shimmers Plaza Limited who were seeking various orders against the respondent. For reasons that are not clear, the appellant filed an application to withdraw from acting for the respondent which application was allowed by the Court on 29th June 2006. Thereafter the appellant sent a fee note to the respondent for Kshs.35,572,921.43/= and followed that up by filing a Bill of Costs claiming Kshs.39,194,009.03/=. The respondent raised a preliminary objection to the Bill of Costs contending that the parties …