P I Samba & Company Advocates v Linear Credit Limited & another (Miscellaneous Application E170 of 2022) [2025] KEELC 1223 (KLR) (7 March 2025) (Ruling)

Summary at a glance

Facts

The Advocate/Applicant challenged the ruling of the Taxing Master, Hon. I.N. Barasa, who struck out the bill of costs. The Advocate/Applicant alleged that the Taxing Master failed to appreciate the list and bundle of documents and submissions that evinced the Advocate received and acted on instructions from the Respondents to negotiate the sale of the suit property.

Issues

• Whether a taxing master has jurisdiction to determine the existence or otherwise of an Advocate-Client relationship in the course of taxing an Advocate-Client Bill of Costs.
• Whether there was an Advocate-Client relationship between the Advocate/Applicant and the Respondents.
• Dependent on the outcome of (b) above, what order should the court issue in respect to the Advocate-Client bill of costs the subject matter of these proceedings and the impugned ruling of the taxing master.

Reasoning

The court agrees with the taxing master's findings that the instructing clients were not the entities sued as the 1st and 2nd Respondents. The Advocate/Applicant has not proved that the Respondents instructed her to act as their Advocate.

Outcome

The chambers summons dated 4th December 2023 is dismissed with costs to the Respondents.

Orders

• Dismissal of the chambers summons with costs to the Respondents.