Rachuonyo & Rachuonyo Advocates v National Bank Of Kenya Limited [2021] KEHC 6298 (KLR)

IN THE HIGH COURT OF KENYA

MILIMANI LAW COURTS

COMMERCIAL AND TAX DIVISION

CORAM: D. S. MAJANJA J.

MISC. CIVIL APPLICATION NO. E301 OF 2019

BETWEEN

RACHUONYO & RACHUONYO ADVOCATES ………….. ADVOCATE/APPLICANT

AND

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

RULING NO. 2

1. At the hearing of the Notice of Motion dated 19th May 2021 seeking a stay of execution and proceedings following the decision of the Deputy Registrar dated dated 30th April 2020 certifying the costs due to the Respondent (“Advocates”) and duly affirmed by this court in the ruling dated 5th May 2021 dismissing the reference, the parties agreed to be bound by the ruling on a similar application filed in HCOMM Misc. Appl. No. 146 of 2019 between the same parties.

2. For the reasons set out in HCOMM Misc. Appl. No. 300 of 2019, the fact that it is the quantum of fees that is disputed, I now order as follows:

(a) There shall be a stay of further proceedings pending the hearing and determination of the intended appeal from the ruling dated 5th May 2021 on the terms set out hereafter.

(b) The Applicant/Client shall pay the Advocates/Respondent KES. 1,000,000. 00 and provide a bank guarantee for the sum of KES 3,000,000. 00 from a reputable bank other than the Applicant to be agreed upon by the parties within 45 days from the date hereof.

(c) The stay of execution shall remain in force for a period of one year from the date hereof unless otherwise extended by this court or the Court of Appeal.

(d) In default of any condition of this order, the order of stay shall stand discharged.

(e) The costs of this application shall be in the appeal.

DATEDandDELIVEREDatNAIROBIthis8th day of JUNE 2021.

D. S. MAJANJA

JUDGE

Court Assistant: Mr M. Onyango

Mr Amuga instructed by Amuga and Company Advocates for the Advocates/Applicant.

Mr Juma instructed by Mutua-Waweru and Company Advocates for the Client/Respondent.