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SALAMA BEACH HOTEL LIMITED & 4 ORS.
V.
KENYARIRI & ASSOCIATES ADVOCATES & 4 ORS.

(2016) JELR 93433 (CA)

Court of Appeal 17 Jun 2016 Kenya
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Case Details

Suit Number:Civil Appeal/Application 48 & 62 of 2015
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Malindi
Other Citations:Salama Beach Hotel Limited & 4 others v. Kenyariri & Associates Advocates & 4 others [2016] eKLR

RULING OF THE COURT

Because the two applications before us, though brought separately by the parties they are so intertwined and interlinked, it behooves us to craft one ruling so as to put to good use valuable judicial time. The two rival applications are Civil Application Nos. 48 and 62 of 2015. The former, filed contemporaneously with an appeal by Salama Beach Hotel Limited and 3 others (“the former clients”) seeks to stay the execution of taxed costs awarded to their erstwhile advocates, Messrs. Kenyariri and Associates “the advocates” pending the hearing and determination of the appeal; while the latter application, filed by the advocates, seeks to have the appeal declared incompetent and struck out.

Both applications were opposed and with leave of court, parties were allowed to canvass them through written submissions. In their application for stay of execution, the former clients contend that they have an arguable appeal and that unless the execution is stayed, substantial loss s…

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