Mura (Suing on behalf of others) v Oluoch t/a AT Oluoch & Co Advocates & 2 others (Miscellaneous Application 47 of 2017) [2024] KEELRC 111 (KLR) (1 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 111
- Citation
- [2024] KEELRC 111 (KLR)
- Decided
- 1 February 2024
Summary at a glance
TypeMiscellaneous ApplicationPostureAppeal from a previous judgment dismissing the Originating SummonsCoramLINNET NDOLO
The Applicants' case does not disclose any valid cause of action against the Respondents, and the Originating Summons is therefore disallowed with no order for costs.
Facts
The Applicant seeks orders regarding the distribution of a settlement amount and the Advocates' fees, alleging that the fees were exorbitant and unreasonable.
Issues
- Validity of the agreement on fees between Advocates and clients
- Procedure for setting aside an agreement on fees
Reasoning
The court found that the Applicants circumvented the specific procedure set out in the Advocates Act and proceeded as if it were an ordinary civil dispute, which is not allowed.
Outcome
The Originating Summons is disallowed with no order for costs.
Authorities cited
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