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Otieno Ragot & Company Advocates v Capital Construction Ltd & 3 others [2014] KECA 522 (KLR)

[2014] KECA 522 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
522
Citation
[2014] KECA 522 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for stay of proceedings from a previous rulingCoramP. N. WAKI, D.K. MAGARA, A.K. MURGOR
Holding

The court orders a stay of proceedings in terms of the applicant's notice of motion and orders that the costs of the application shall be in the intended appeal.

Facts

The applicant was appointed to represent the 1st, 2nd, 3rd, and 4th respondents in a civil case against the 5th respondent. The case was struck out with costs, and the 4th respondent taxed their bill of costs, which was paid by the 5th respondent to the applicant. Kamwendwa & Company Advocates later demanded the taxed amounts from the applicant.

Issues

  1. Stay of proceedings pending appeal
  2. Release of taxed amounts

Reasoning

The court granted the stay of proceedings as the applicant sought it, and the costs of the application will be covered by the intended appeal.

Outcome

Appeal granted

Orders

  • Stay of proceedings

Remedies

  • Stay of proceedings
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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