MUTURI & APOPO ADVOCATES v CYRUS JIRONGO SOLOLO OUTLETS LTD [2007] KEHC 699 (KLR)
- Court
- High Court of Kenya
- Case number
- 699
- Citation
- [2007] KEHC 699 (KLR)
- Decided
- 13 July 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication to strike out bill of costsCoramJ.L.A. OSIEMO
Holding
The Advocate's Bill of Costs dated 30th October 2006 is struck out with costs.
Facts
The President appointed a Commission known as Goldenburg Commission of Inquiry to investigate various companies and persons. The Respondent, an advocate, represented the Applicants in the inquiry and later served them with a bill of costs amounting to Shs.51,591,290/=.
Issues
- Whether the bill of costs is an abuse of the process of the court
- Whether the bill of costs is frivolous and scandalous and vexatious
- Whether the Respondent obtained leave of the court to commence proceedings against the 2nd and 3rd Respondents (companies under receivership)
Reasoning
The Respondent did not obtain leave of the court to commence proceedings against the 2nd and 3rd Respondents (companies under receivership). The bill of costs is not a suit within the meaning ascribed to it by the Civil procedure Act and the rules made thereunder.
Outcome
Allowed
Orders
- The Advocate's Bill of Costs dated 30th October 2006 is struck out with costs.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Companies Act Cap 486
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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