NJOGU & COMPANY ADVOCATES v SAVINGS AND LOAN KENYA LIMITED [2007] KEHC 3028 (KLR)
- Court
- High Court of Kenya
- Case number
- 3028
- Citation
- [2007] KEHC 3028 (KLR)
- Decided
- 23 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCosts ApplicationPostureApplication for judgment for taxed costsCoramH.P.G. WAWERU
Holding
The application is dismissed with costs.
Facts
The Applicant/Advocate seeks judgment for taxed costs under Section 51(2) of the Advocates Act, Cap. 16, on the grounds that the certificate of taxation has not been altered or set aside. The Respondent/Client opposes the application, citing that the Applicant's fees have been paid in full and that the issue was raised before the taxing officer.
Issues
- Whether the certificate of taxation has been altered or set aside
- Whether the Applicant's fees have been paid in full
Reasoning
The court considers the submissions of the learned counsels and finds that the issue of the Applicant's fees being paid in full is a matter for evidence. The court must give the Respondent an opportunity to raise this defence in a proper suit for the Applicant's costs.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Legislation (2)
- Advocates Act, Cap. 16
- Advocates (Remuneration) Order
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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