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Thomas K’bahati & Peter Kaluma t/a Lumumba Mumma & Kaluma Advocates v Kenya Union of Commercial Food and Allied Workers [2017] KEHC 2916 (KLR)

[2017] KEHC 2916 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2916
Citation
[2017] KEHC 2916 (KLR)
Decided
18 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent seeks to restrain the Advocate from proceeding with the taxation of the bill filed herein and to declare that the Applicant is not the right entity to bear the Advocate's cost.CoramKorir, Lesiit, Waweru
Holding

The Kenya Union of Commercial Food and Allied Workers Union is the client of Thomas K'Bahati & Peter Kaluma T/A Lumumba Mumma & Kaluma Advocates in Misc. Application No. 632 of 2008 and is liable to settle the said Advocates' fees.

Facts

The Kenya Union of Commercial Food and Allied Workers appointed the Respondent to represent the Claimants in a suit, but the relationship between the Advocate and the Union became sour. The Union instructed another firm to take over the matter.

Issues

  1. Whether there was a relationship of Advocate/Client between the Applicant and Respondent with respect to Miscellaneous Application No. 632 of 2008.
  2. Whether the Kenya Union of Commercial Food and Allied Workers Union is liable to settle the Advocates' fees.

Reasoning

The Union was the client of the Advocates as evidenced by the Union's instructions and the Advocates' acknowledgment of the Union's representation.

Outcome

The Motion fails and is dismissed.

Orders

  • The Motion is dismissed.
  • The Notice of Motion dated 2nd July, 2014 is dismissed with costs.

Authorities cited

Legislation (2)
  • Advocates Act
  • Civil Procedure Act
Cases cited (2)
  • Nderitu & Partners Advocates vs. Mamuka Valuers (Management) Ltd
  • Ochieng Onyango Kibet & Ohaga Advocates vs. Adopt A Light Ltd
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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