Singh Gitau Advocates v City Finance Bank Limited [2019] KEELC 1870 (KLR)
- Court
- Environment & Land Court
- Case number
- 1870
- Citation
- [2019] KEELC 1870 (KLR)
- Decided
- 18 July 2019
The court taxes off Kshs.763,333.33 from the applicant's bill of costs, resulting in a judgment for the applicant for the sum of Kshs.4,145,747.89.
Facts
The applicant, Singh Gitau Advocates, represented the respondent, City Finance Bank Limited, in a legal matter (ELC No. 894 of 2007) where the Bank was the plaintiff. The Bank's bill of costs was taxed at Kshs.2,710,055.08. The applicant was then instructed to proceed with execution against the judgment debtor. However, the Bank later dismissed the case with costs awarded to the Bank. The applicant was subsequently instructed to cease acting in all matters and tax his bill of costs.
Issues
- Taxation of instruction fees
- Taxation of getting up fees
Reasoning
The court finds that the taxing master did not err in principle in assessing instruction fees based on Kshs.150,000,000, and that the applicant did not confirm the matter for hearing, thus the getting up fees should be taxed off.
Outcome
The applicant is awarded Kshs.4,145,747.89 as taxed and certified by the Deputy Registrar, together with interest from 12th January 2017.
Orders
- Judgment for the applicant for the sum of Kshs.4,145,747.89 as taxed and certified by the Deputy Registrar
- Each party do bear his/her own costs
Remedies
- Judgment for the applicant for the sum of Kshs.4,145,747.89 as taxed and certified by the Deputy Registrar
- Costs are to be borne by each party
Authorities cited
Legislation (3)
- Advocates Act
- Civil Procedure Act
- Advocates Remuneration Order
Cases cited (4)
- John Maina Mburu t/a John Maina Mburu & Co. Advocates vs George Gitau Munene (sued as administrator of the Estate of Samuel Gitau Munene & 3 Others [2015] eKLR
- First American Bank vs Shah & Others [2002] EA64
- Metro Petroleum Limited vs Onyango Oloo & Co. Advocates [2016] eKLR
- Oyatta & Associates vs Nilam Doshi
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