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ZAKHEM CONSTRUCTION (KENYA) LTD
V.
MEREKA & COMPANY ADVOCATES

(2017) JELR 92764 (CA)

Court of Appeal 24 Mar 2017 Kenya
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- The appellant challenged a High Court ruling that found an advocate/client relationship existed between the appellant and the respondent, enabling taxation of the respondent’s bill of costs relating to consulting work for a proposed shopp

Case Details

Suit Number:Civil Appeal 365 of 2014
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Zakhem Construction (Kenya) Ltd v. Mereka & Company Advocates [2017] eKLR

JUDGMENT OF THE COURT

1. The appellant has challenged a ruling of the High Court (R. E. Ougo, J.) delivered on 5th November 2014 in which that court found that the appellant had instructed and retained the respondent “in realizing” a project and that the appellant “is estopped from denying” that it instructed the respondent “to act on its behalf.” In effect, the court found that a client/advocate relationship was established between the parties on the basis of which the respondent could present its bill of costs for taxation. The issue is whether that finding is well founded. In other words, did the respondent have instructions from the appellant to render professional services as claimed?

Background

2. On 18th June 2012, the respondent, Mereka and Company Advocates, a firm of advocates, initiated proceedings against the appellant before the High Court at Nairobi in Miscellaneous Civil Application No. 336 of 2012 seeking taxation of an advocate/client bill of costs quantified at Kshs. 13…

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