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Masore Nyang’au & Co. Advocates v Supplies & Services Limited (Environment and Land Miscellaneous Application 286 of 2016) [2022] KEELC 12782 (KLR) (30 September 2022) (Ruling)

[2022] KEELC 12782 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
12782
Citation
[2022] KEELC 12782 (KLR)
Decided
30 September 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for judgment and costsCoramLN MBUGUA
Holding

The application is allowed with costs.

Facts

The advocate represented the client in a previous suit (HCCC No 1 of 2011) where the client's bill of costs was taxed on August 21, 2017. The advocate sought judgment for the sum of Kshs 580,191.46 and costs from the respondent.

Issues

  1. Whether the court should enter judgment for the applicant as set out in the application.
  2. Whether the respondent's grounds of opposition warrant a denial of the orders sought.

Reasoning

The court found that the issue of retainer was never raised during the taxation and reference proceedings, and there was no mention of any deposit paid. The court also noted that there is no stay of proceedings, review or appeal in respect of the ruling of the court.

Outcome

Application allowed with costs

Orders

  • Judgment in favor of the applicant against the respondent in the sum of Kshs 580,191.46 as per the certificate of taxation dated August 21, 2017, together with interest thereon at 14% p.a from August 21, 2017 until payment in full.
  • Order for the respondent to pay costs of the application.
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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