MURIU, MUNGAI & CO. ADVOCATES V NEW KENYA CO-OP CREAMARIES LTD [2012] KEHC 624 (KLR)

Facts

The client sought consolidation of several miscellaneous causes and striking out of the advocate's bills of costs, claiming the advocate had not properly taxed the costs as per the agreed fee. The advocate opposed the application, arguing the court lacked jurisdiction and the client had not fully satisfied the conditions for consolidation.

Issues

1. Jurisdiction of the court to entertain the application for consolidation and striking out of bills of costs.
2. Consolidation of bills of costs and its proper channel of addressing disputes.

Reasoning

The court held that the application was not properly invoked due to the lack of jurisdiction and the absence of pleadings in the miscellaneous causes sought to be consolidated. The court emphasized that consolidation of suits is done under the inherent powers of the court and the court can only assume jurisdiction through a reference.

Outcome

Appeal dismissed