Mwai & Company Advocates v Richard Wangondu Makanga [2017] KEELC 1858 (KLR)
- Court
- Environment & Land Court
- Case number
- 1858
- Citation
- [2017] KEELC 1858 (KLR)
- Decided
- 19 September 2017
The taxing officer erred in applying Schedule I and the correct schedule to be applied was Schedule V. The bill is set aside and referred back for fresh taxation.
Facts
The client/applicant instructed the firm of Messers Mwai & Co. Advocates to purchase 1875 Shares in Nairobi Theatres Limited. The transaction was rescinded and the deposit was refunded. The Advocates demanded fees based on Schedule I of the Advocates Remuneration Order of 2009, but the client/applicant argued that Schedule V should be applied.
Issues
- Whether the taxing officer applied the correct schedule in determining the instruction fee in item No. 1 of the bill.
- Whether the transaction was completed for the purposes of Schedule V application.
Reasoning
The transaction was rescinded and the deposit refunded, but the Advocates argued they earned fees on instruction. The Advocates Remuneration Order provides for non-contentious business which is not completed, and Schedule V should have been applied.
Outcome
The client/applicant's application is granted, and the bill is referred back for fresh taxation.
Orders
- The bill be referred back for fresh taxation in accordance with part II of Schedule V before a different taxing officer.
- The applicant shall have costs of this application.
Remedies
- Fresh taxation of the bill in accordance with Schedule V
Authorities cited
Legislation (1)
- Advocates Remuneration Order of 2009
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