Shiva Enterprises v Mwangi Njenga & Company Advocates [2020] KEELC 1100 (KLR)
- Court
- Environment & Land Court
- Case number
- 1100
- Citation
- [2020] KEELC 1100 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTaxation of Advocate/Client Bill of CostsPostureApplicant seeks to set aside the decision of the taxing officer, respondent cross-refersCoramAngote
Holding
The court remits the matter back to the taxing officer for taxation for the valuation report to cover the whole of the land, and the value of the subject matter would be the value of the land, not the forced sale value.
Facts
The applicant was sued in the Environment and Land Court at Mombasa in Mombasa ELC No. 4 of 2017, and the respondent represented the applicant in the suit.
Issues
- Whether there was an agreement on fees between the applicant and the respondent law firm.
- Whether the taxation of the advocate/client bill of costs was based on the correct valuation of the subject matter.
Reasoning
The court found no agreement on fees between the applicant and the respondent. The court also noted that the value of the subject matter would be the value of the land, not the forced sale value.
Outcome
Remitted back to the taxing officer for taxation.
Orders
- Remitted back to the taxing officer for taxation for the valuation report covering the whole of the land.
Authorities cited
Legislation (1)
- Advocates (Remuneration) Order
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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