Mereka & Co. Advocates v Eng. A. S. Kitololo T/A Kitololo Consultants Engineers [2014] KEHC 1403 (KLR)
- Court
- High Court of Kenya
- Case number
- 1403
- Citation
- [2014] KEHC 1403 (KLR)
- Decided
- 24 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureAppeal from the dismissal of a reference for the taxation of costsCoramR. M. Mwongo, J
Holding
The reference was dismissed, and the Advocate's Notice of Motion is ordered to be stayed pending appeal.
Facts
The Advocate filed a Notice of Motion under Section 52(2) of the Advocates Act to have the taxed amount of Kshs. 9,199,868/- entered as judgment. The Client filed a reference under paragraph 11(1) and (2) of the Advocates (Remuneration) Order. The reference was dismissed by R. M. Mwongo, J.
Issues
- Whether the Notice of Motion was properly filed under Section 52(2) of the Advocates Act
- Whether the reference was properly filed under paragraph 11(1) and (2) of the Advocates (Remuneration) Order
Reasoning
The Court held that the Notice of Motion was improperly filed under Section 52(2) and dismissed the reference filed under paragraph 11(1) and (2) of the Advocates (Remuneration) Order.
Outcome
Appeal dismissed
Orders
- Stay of execution of the costs taxed on 7th October 2011 pending appeal
- Client's prayer No. 4 dismissed with costs to the Advocate
Remedies
- Stay of execution of the costs taxed on 7th October 2011 pending appeal
- Client's prayer No. 4 dismissed with costs to the Advocate
Authorities cited
Legislation (2)
- Advocates Act Cap 16
- Advocates (Remuneration) Order
Cases cited (1)
- MACHIRA & COMPANY ADVOCATES –Vs- ARTHUR K. MAGUGU & ANOTHER, Miscellaneous Application No. 358 of 2001 at Milimani Commercial Courts
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.
Loading judgment…