SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Sot Tea Growers Rural Co-operative Savings and Credit Co-operative Society Limited (Stegro Sacco) v Andrew Mengich t/a Mengich & Co Advocates [2021] KEELC 3119 (KLR)

[2021] KEELC 3119 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
3119
Citation
[2021] KEELC 3119 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeCivilPostureAppeal from a ruling on a bill of costs and an application for stay of executionCoramRingera
The Court is satisfied that there existed a retainer between the Applicants and the Respondent. The ruling on the Respondent's Bill of Costs should not be set aside. The Applicant has not satisfactorily discharged the conditions warranting the grant of stay of execution of the Ruling.

Facts

The Applicant (STEGRO SACCO) was a shareholder of the 2nd Defendant. The Respondent (M/S Mengich & Co Advocates) was appointed to represent the 1st and 2nd Respondents in a suit to safeguard the interests of the society and its members.

Issues

  • Whether there existed a retainer between the Applicants and the Respondent
  • Whether the ruling on the Respondent's Bill of Costs should be set aside
  • Whether the Applicant has satisfactorily discharged the conditions warranting the grant of stay of execution of the Ruling

Reasoning

The court found that the Respondent was instructed to represent the 1st and 2nd Respondents and safeguard the interests of the society and its members, creating a client-Advocate relationship. The court also noted that the Respondent had been instructed to tax their Bill of Costs.

Outcome

The application for stay of execution and setting aside the ruling on the Bill of Costs was dismissed.

Orders

  • The court dismissed the application for stay of execution and setting aside the ruling on the Bill of Costs

Authorities cited

Legislation (3)
  • Civil Procedure Rules
  • Advocates Remuneration Order
  • Civil procedure Act
Cases cited (2)
  • Mayers & Another vs Hamilton & Others [1975] EA 13
  • Tononoka Steels Limited vs The Eastern & Southern African Trade & Development Bank (P.T.A BANK) HCCC NO 267/98
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case