ODHIAMBO OWITI AND COMPANY V BLUESHIELD INSURANCE COMPANY LIMITED [2007] KEHC 14 (KLR)
- Court
- High Court of Kenya
- Case number
- 14
- Citation
- [2007] KEHC 14 (KLR)
- Decided
- 27 May 2007
The court dismisses the application with costs, stating that the advocate cannot seek leave to tax a bill with the client after ceasing to act for that client and that the advocate cannot consolidate 110 bills in one application.
Facts
The applicant, a firm of advocates, sought leave to have its 110 bills of costs listed and taxed between it and the respondent, Blueshield Insurance Company Limited. The respondent opposed the motion, citing jurisdictional doubts and the inability to seek leave to tax bills and have certificates of costs deemed decrees.
Issues
- Whether the court has jurisdiction to entertain the advocates' motion.
- Whether the advocate can seek leave to tax bills and have certificates of costs deemed decrees.
- Whether the applicant can consolidate 110 bills in one application.
- Whether the advocate can seek leave to tax a bill with the client after ceasing to act for that client.
Reasoning
The court found that the advocate cannot seek leave to tax a bill with the client after ceasing to act for that client and that the advocate cannot consolidate 110 bills in one application. The court also noted that the advocate cannot seek leave to tax bills and have certificates of costs deemed decrees.
Outcome
The application is dismissed with costs.
Authorities cited
Legislation (4)
- Advocates (Remuneration) Order
- Advocates Act (Cap 16)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- Sharma versus Uhuru Highway Development Limited {2001} EA 530
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