Owino & Company Advocates v Kisaka (Miscellaneous Case E041 of 2020) [2023] KEELRC 2325 (KLR) (29 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2325
- Citation
- [2023] KEELRC 2325 (KLR)
- Decided
- 29 September 2023
Summary at a glance
TypeMiscellaneous CasePostureRespondent's Motion for Set Aside of Bill of CostsCoramAN MWAURE
The court found the retainer agreement invalid and the bill of costs null and void.
Facts
The respondent, Erastus Sifunjo Kisaka, terminated the services of the applicant, Owino & Company Advocates, due to alleged misconduct. The respondent claims the applicant demanded additional legal fees after the main suit was resolved, contrary to their mutual agreement.
Issues
- Validity of retainer agreement
- Set aside of bill of costs
Reasoning
The court determined that the retainer agreement was not valid as it was not in writing and signed by the client or his authorized agent, and the respondent was not aware of the agreement.
Outcome
The court dismissed the respondent's motion to set aside the bill of costs.
Orders
- Set aside the bill of costs
Authorities cited
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