Linmerx Holdings Limited & another v Mercy Nduta Keng’ara T/A Mwangi Keng’ara & Company Advocates [2013] KEHC 989 (KLR)
- Court
- High Court of Kenya
- Case number
- 989
- Citation
- [2013] KEHC 989 (KLR)
- Decided
- 19 November 2013
The Court finds no agreement on fees between the parties regarding contentious business. The Court directs the Defendant to file 16 bills of costs for taxation purposes.
Facts
The Plaintiffs, Linmerx Holdings Limited and Upward Scale Investment Company Limited, brought an application under Section 47(1) of the Advocates Act against Mercy Nduta Keng’ara T/A Mwangi Keng’ara & Company Advocates regarding legal services provided for a transaction involving land reference number 209/309/1 (I.R. 92457). The Defendant demanded a deposit of Shs. 2,045,603.90 for the release of title deeds.
Issues
- Agreement on fees between the parties
- Remuneration under Section 45 of the Advocates Act
Reasoning
The Court notes that the Defendant was not involved in contentious business and that the fees dispute should be referred to the taxing officer. The Court directs the Defendant to file 16 bills of costs for taxation.
Outcome
The Court directs the Defendant to file 16 bills of costs for taxation purposes.
Orders
- The Defendant is directed to file 16 bills of costs for taxation purposes
Remedies
- The Defendant is directed to file 16 bills of costs for taxation purposes
Authorities cited
Legislation (1)
- Advocates Act Chapter 16 of the Laws of Kenya
Cases cited (1)
- In the Estates of Ogilvie: Ogilvie versus Massey (2) (1910) P. 243 at p. 245
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