Daniel Kariiyu Mungai v Equity Building Society & another & 2 others [2013] KEHC 6724 (KLR)

Facts

The plaintiff, Daniel Kariiyu Mungai, is an advocate who filed a bill of costs against his client, Equity Building Society, and another. The Taxing Officer had previously taxed the bill of costs inter partes, disallowing the advocate's claim on instruction fee at KShs 886,000/00 and allowing the agreed sum of KShs 182,000/00.

Issues

1. Whether the advocate's application for judgment on the taxed costs should be granted
2. Whether the advocate's claim on instruction fee should be taxed

Reasoning

The advocate's application was granted as there was no dispute over the retainer and the certificate of taxation was not set aside or altered. The advocate was entitled to tax the other items in the bill of costs as the Taxing Officer had found an agreement for instruction fee only.

Outcome

Judgment granted to the advocate with costs

Authorities cited