KIRUNDI & CO. ADVOCATES V KENYA COMMERCIAL BANK LTD [2008] KEHC 75 (KLR)
- Court
- High Court of Kenya
- Case number
- 75
- Citation
- [2008] KEHC 75 (KLR)
- Decided
- 24 July 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCostsPostureApplicant's Application for Taxation of CostsCoramH. P. G. WAWERU
Holding
The instruction fee should have been taxed under Schedule VI, Part A, paragraph 1(a) of the Advocates (Remuneration) Order (Rem Order).
Facts
The Applicant was appointed as leading counsel in Nairobi HCCC No. 1314 of 1996, where the Respondent, Kenya Commercial Bank Ltd, sued Barclays Bank of Kenya Ltd for damages arising from defamation. The suit was compromised and withdrawn.
Issues
- Whether the value of the subject-matter in Nairobi HCCC No. 1314 of 1996 can be determined from the pleadings, judgment or settlement between the parties?
- If so, the instruction fee should have been taxed under Schedule VI, Part A, paragraph 1(a) of the Advocates (Remuneration) Order (Rem Order). If not, taxation had to be under paragraph 1(l) of the same part and schedule.
Reasoning
The suit was compromised and withdrawn, and there was no judgment or settlement fixing any damages. The instruction fee should have been taxed under Schedule VI, Part A, paragraph 1(a) of the Advocates (Remuneration) Order (Rem Order).
Outcome
KShs. 1 million awarded on the instruction fee item.
Orders
- Instruction fee taxed under Schedule VI, Part A, paragraph 1(a) of the Advocates (Remuneration) Order (Rem Order).
Authorities cited
Legislation (1)
- 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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