Kenya Orient Insurance Ltd v Muri Mwaniki & Wamiti Advocate [2015] KEHC 4026 (KLR)

Facts

The advocate sent a fee note to the client for KShs.67,214/=, and the client paid KShs.49,648/=, leaving KShs.17,566/= unpaid. The advocate filed a bill of costs for taxation, and the client applied to strike out the bill.

Issues

1. Whether the advocate is estopped from proceeding with the taxation of the bill of costs.
2. Whether the bill of costs captures the amounts paid by the client.

Reasoning

The court found that the advocate was entitled to charge interest on the unpaid fees and that the client had not sought clarification on the fee notes before making partial payments. The court also noted that the client had paid the amounts in question, and the notice of dispute was served by the advocate.

Outcome

Dismissed with costs

Authorities cited