South Nyanza Sugar Company Limited v Samwel Osewe Ochillo P/A Ochillo & Company Advocates [2007] KECA 175 (KLR)

Facts

The respondent, Samuel Ochillo, an advocate in Kisii, filed a plaint against the appellant, South Nyanza Sugar Company Limited, claiming Kshs. 2,689,500.00/- as fees due to him for defending various cases on the instructions of the appellant. The Deputy Registrar endorsed the letter exempting the respondent from paying court fees.

Issues

1. Whether the respondent's claim for professional fees was valid and whether the respondent was entitled to have the plaint filed in the High Court exempted from paying court fees.
2. Whether the learned Judge of the superior court could proceed to deliver a judgment based on an invalid plaint.

Reasoning

The respondent's claim for professional fees was not valid as the respondent was not entitled to have the plaint filed in the High Court exempted from paying court fees. The learned Judge of the superior court could not proceed to deliver a judgment based on an invalid plaint.

Outcome

The appeal is allowed, the judgment and decree of the High Court are set aside, and an order striking out the respondent's plaint is substituted.

Authorities cited