C Masinde & Company Advocates v Panal Freighters Limited [2019] KEELRC 825 (KLR)

Summary at a glance

Facts

The Respondent filed a Claim against the Respondent at the E&LRC, which was subsequently transferred to the Chief Magistrate's Court. The Law Firm filed an Advocate/Client Bill of Costs, which was taxed by the Deputy Registrar of the E&LRC. The Law Firm instructed SURE AUCTIONEERS to execute against the Respondent for recovery of taxed costs. The Respondent then filed an Application seeking to have execution stayed and the taxation set aside.

Issues

• Execution proceedings are flawed.
• There is no Judgment and Decree capable of execution.
• The Respondent is delaying payment of Advocates Bill and has changed its name to LAKWOOD CONSORTIM.
• The Law Firm did not file a Suit for recovery of costs after taxation.

Reasoning

The Court finds that the execution proceedings are flawed due to the absence of a Judgment and Decree capable of execution. The Court agrees with the Respondent's arguments and sets aside the Ruling of the Deputy Registrar and the consequential Orders. The Court orders that taxation of the Advocate/Client Bill of Costs be redone in the presence of both Parties, before the same Taxing Master.

Outcome

The Respondent's Application is granted.

Orders

• Leave is granted in terms of prayer 2 [i] [ii] of the Application.
• The Ruling of the Taxing Master dated 14th February 2019 and all consequential Orders are set aside.
• Taxation of the Advocate/Client Bill of Costs to be redone in the presence of both Parties, before the same Taxing Master.

Remedies

• Leave to obtain Certificate of Taxation.
• Redoing taxation of the Advocate/Client Bill of Costs in the presence of both Parties, before the same Taxing Master.

Authorities cited