Sifa International Limited v Board of Trustees Nssf [2018] KEELC 4774 (KLR)

Summary at a glance

Facts

The defendant filed a motion seeking to strike out the Bill of Costs dated 7th December 2016, alleging it is statute barred, fatally defective, and violates the principle of estoppel by deed. The plaintiff argued that the defendant demanded a refund of Kshs.1,329,000, which re-opened the matter and caused the cause of action to begin fresh.

Issues

• Whether the Bill of Costs is statute barred
• Whether the Bill contravenes the provisions of paragraph 13 (3) of the Advocates (Remuneration) Order 2009
• Whether either of the parties are estopped from disclaiming the costs or claiming the costs

Reasoning

The advocate concedes that the cause of action was time barred by virtue of the provisions of section 4 (1) (a) of the Limitation of Actions Act. The demand for refund by the defendant did not change the date of 31st May 2010 when the cause of action accrued.

Outcome

The Bill of Costs dated 7th December 2016 is struck out.

Orders

• The Bill of Costs dated 7th December 2016 is struck out

Authorities cited