JUDGMENT OF THE COURT
The appellant, PETER ODIWUOR NGOGE is an advocate practising under the firm name of O. P. Ngoge and Associates. The record shows that at the material times in respect of this appeal, he was instructed by the respondent PROFESSOR WASHINGTON JALANGO OKUMU to render the same respondent legal services. Acting on behalf of the respondent, the appellant filed H.C.C.C. No. 649 of 2005 and High Court Miscellaneous Suit No. 1797 of 2005. The record shows that some verbal discussions were entered into in respect of the legal fees that the same instructions were to attract, but as the same verbal discussions were not reduced into written agreements, they do not meet the requirements of the provisions of the Advocates Act.
It is, however, not in dispute and the respondent stated so in both of his affidavits that he gave the appellant retainership in respect of the two matters. The learned counsel then on record for the respondent also stated in his written submissions before …