Robson Harris and Co Advocates v Equip Agencies Limited & 2 others; Kipyator Kibet and Associates Advocates (Interested party) [2021] KEELC 2248 (KLR)
- Court
- Environment & Land Court
- Case number
- 2248
- Citation
- [2021] KEELC 2248 (KLR)
- Decided
- 9 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to set aside consent on costs and have costs assessedCoramK. BOR
Holding
The court sets aside the consent order on costs due to misrepresentation and sets the proper fees due to the Applicant for the work done.
Facts
Respondents instructed Applicant to transfer land (L.R. No. 1870/11/206 Nairobi) from Jayaben Indubhai Patel to Jayaben Indubhai Patel, Indivyesh Indubhai Patel, Vineshkumar Indubhai Patel and Grishma Ashite Patel. The transfer was never registered as Respondents withdrew instructions when Applicant sought stamp duty.
Issues
- Whether the court should set aside the consent order on costs
Reasoning
The Respondents withdrew instructions when the Applicant sought stamp duty, and the Applicant was only entitled to fees for the work done before the withdrawal.
Outcome
The court grants the orders sought in the application and awards costs to the Respondents.
Orders
- Set aside the consent order on costs
Remedies
- Assessment of proper fees due to the Applicant
Authorities cited
Legislation (1)
- Land Registration Act
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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