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Civil Procedure [1955] EACA 12

In Re: Archer and Wilcock

In Re: Archer and Wilcock (Miscellaneous Civil Application No. 13 of 1955) [1955] EACA 12 (1 January 1955)

The court held that the work done by the advocates in preparing a divorce petition, although no petition was filed in Kenya, constituted contentious business because the nature and quality of the work were such that, had proceedings been instituted, the costs would have been taxed on the contentious business scale. The endorsement by the client on the bill of costs, signed and dated, amounted to a valid agreement in writing under section 59 of the Advocates Ordinance, 1949, even though not signed by the advocate. By virtue of section 63, the existence of such an agreement ousted the jurisdict…

  • Advocate Remuneration
  • Contentious Business Definition
  • Costs Agreement
  • Taxation Of Costs
  • Procedure For Allowance Of Agreement
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