National Bank of Kenya Limited v Otieno Ragot & Company Advocates [2017] KEHC 7576 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT KISUMU

MISC. CIVIL APPLICATION NO. 61 OF 2015

BETWEEN

NATIONAL BANK OF KENYA LIMITED …………………..... CLIENT /APPLICANT

AND

OTIENO RAGOT & COMPANY ADVOCATES ……... ADVOCATES/ RESPONDENT

RULING NO. 3

1. The application before the court is one for review of the ruling dated 17th August 2016 (Ruling No. 2) in which I dismissed the Client’s reference dated 14th December 2015 and allowed the Advocates’ reference dated 30th December 2015.

2. The parties agreed a similar application for review had been filed in Kisumu HC Misc. 61 of 2015 and the ruling in that case should apply to this matter as the grounds and arguments were similar.

3. In accordance with Ruling No. 3 in Kisumu HC Misc. 61 of 2015, I review the orders made on 17th August 2015 and set aside the decision. The references shall now be heard afresh.

4. The Client shall pay the Advocates the costs which I assess at Kshs. 30,000/-.

5. Orders accordingly.

DATED andDELIVERED at KISUMUthis 6th day of March2017.

D.S. MAJANJA

JUDGE

Mr Ojuro instructed by Otieno, Yogo, Ojuro & Company Advocates for the Client/applicant.

Mr Otieno instructed by Otieno Ragot & Company Advocates for the Advocates/respondents.