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

(2020) JELR 93401 (CA)

Court of Appeal 31 Jan 2020 Kenya
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- The dispute arose from a disagreement over legal fees between advocate and client, resulting in taxation of an advocate/client bill of costs; the respondent objected, citing a purported remuneration agreement. - The taxing officer found n

Case Details

Suit Number:Civil Appeal 60 & 62 of 2017
Judges:Milton Stephen Asike Makhandia, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Otieno, Ragot & Company Advocates v. National Bank of Kenya Limited [2020] eKLR

JUDGMENT OF ASIKE-MAKHANDIA, JA

Disputes and disagreements over fees are a normal occurrence between advocates and their clients. Sometimes, the advocate-client relationship breaks down leading to the filing and taxation of Advocate/client bill of costs as was the case in the present appeal.

A brief background of the appeal is that when a disagreement arose over fees between the appellant and the respondent, the appellant filed its Advocate/client bill of costs. The respondent objected to the bill and claimed that the appellant was barred from filing a bill of costs pursuant to a remuneration agreement they had entered into dated 1st April, 2005. The taxing officer in her ruling held that there was no remuneration agreement between the parties and proceeded to tax the bill. Aggrieved by the decision of the taxing officer, the respondent and appellant filed references before the High Court pursuant to Rule 11 of the Advocates Remuneration Order. The two reference were heard together and …

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