Dipa Pulling v Suchan Investments Limited & 3 others [2021] KEELC 1452 (KLR)
- Court
- Environment & Land Court
- Case number
- 1452
- Citation
- [2021] KEELC 1452 (KLR)
- Decided
- 12 October 2021
The court grants the charging order for the applicant's taxed costs for the services rendered in the suit, but limits it to the services rendered herein. The charging order is stayed pending the determination of the reference filed by the plaintiff against the taxation of the bill of costs.
Facts
The plaintiff instructed the firm of Ransley, Mc Vicker & Shaw Advocates to act for her in a suit. Virginia Wangui Shaw, a partner in the firm, prosecuted the suit on behalf of the plaintiff.
Issues
- Whether the plaintiff's share in the suit property can be charged to secure the costs of the services rendered by the applicant.
- Whether the applicant can claim the taxed costs in her personal name.
Reasoning
The court considers the Advocates Act and the plaintiff's contention that the reference is pending. The court grants the orders to secure the applicant's taxed costs and to stay any adverse action under the charge.
Outcome
The plaintiff's share in the suit property can be charged to secure the applicant's taxed costs for the services rendered in the suit, but the charging order is stayed pending the determination of the reference.
Orders
- Granting the charging order for the applicant's taxed costs for the services rendered in the suit.
- Staying any adverse action under the charge pending the determination of the reference.
- Issuing an injunction restraining the legal representatives of the plaintiff from dealing with the plaintiff's share in the suit property or in the proceeds of sale of the suit property in a manner likely to defeat the charging order.
Remedies
- Securing the applicant's taxed costs for the services rendered in the suit.
- Staying any adverse action under the charge pending the determination of the reference.
Authorities cited
Legislation (1)
- Advocates Act, Chapter 16 Laws of Kenya
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