JUDGMENT OF THE COURT
The issue before us is whether or not an advocate is entitled to full instruction fees upon receipt of instructions, and whether the subsequent progress of the matter is irrelevant.
The respondent, Magereza Sacco Society Ltd engaged the services of Ratemo Oira and Co. Advocates, the appellant, in the purchase of Land Reference No. 12979/4 and IR No. 68946 allegedly valued at Kshs.8.8 Billion.
The appellant claims to have conducted due diligence on behalf of the respondent and rendered legal services by drawing the sale agreement and the transfer of the property. However, the Respondent failed to pay the agreed deposit of Kshs.300,000,000/= and the transaction collapsed.
Thereupon, the appellant filed an Advocate/Client Bill of Costs dated 28th January, 2015 which was dismissed by the Hon. S. Mwayuli on grounds inter alia , that there was no sale agreement or executed transfer document to show that the transaction took place and that the appellant failed to attach rec…