Omulele & Tollo Advocates v Magnum Properties Limited (Civil Appeal 301 of 2018) [2022] KECA 560 (KLR) (28 April 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 560
- Citation
- [2022] KECA 560 (KLR)
- Decided
- 28 April 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court ruling on an Advocates-Client Bill of CostsCoramR. N. Nambuye, Hannah Okwengu, P.O. Kiage
Holding
The appeal is dismissed with costs, as the taxing officer did not properly exercise discretion in the Bill of Costs
Facts
Omulele & Tollo Advocates filed a Bill of Costs in the High Court regarding services provided to Magnum Properties Limited in defending Suit No 559 of 2011. The respondent opposed the Bill, claiming lack of instructions and termination of the retainer agreement.
Issues
- Whether the taxing officer properly exercised discretion in the Bill of Costs
- Whether the relationship between Omulele & Tollo Advocates and Magnum Properties Limited was a retainer agreement
Reasoning
The court found that the taxing officer did not take into account payments made by the respondent on account of the retainer agreement, leading to an error of principle.
Outcome
Appeal dismissed
Orders
- The Bill of Costs was not taxed by the learned Judge
- The Bill of Costs was referred to be taxed by another taxing officer
Authorities cited
Cases cited (1)
- Omulele & Tollo Advocates v Mount Holdings Limited [2016] eKLR
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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