Mereka & Company Advocates v Invesco Assurance Co. Ltd [2016] KEHC 8698 (KLR)
- Court
- High Court of Kenya
- Case number
- 8698
- Citation
- [2016] KEHC 8698 (KLR)
- Decided
- 9 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts ApplicationPostureApplicant seeks judgment and costs in respect of a taxed bill of costsCoramWakiaga
Holding
The application is competent and the matter is not time barred. Judgment is entered in favour of the Applicant in the sum of Kshs. 43,532.50 together with interest and costs.
Facts
The Applicant filed a Bill of Costs dated 27 August 2007 in the sum of Kshs. 70,985/=, which was taxed on 1 November 2007 in the sum of Kshs. 43,532.50. The Respondent has not filed any reference from the taxation.
Issues
- Whether the application is time barred by Section 4 of the Limitation of Actions Act
- Whether the Respondent is estopped from pleading limitation
Reasoning
The Court held that the taxation of the bill of costs made it a judgment of the court, thus the limitation period applicable is 12 years as per Section 4 of the Limitation of Actions Act. The Respondent's acknowledgment of the fees and proposal to pay by instalments re-set the limitation period.
Outcome
Judgment in favour of the Applicant
Orders
- Judgment entered in favour of the Applicant in the sum of Kshs. 43,532.50 together with interest and costs
Remedies
- Judgment in the sum of Kshs. 43,532.50 together with interest and costs
Authorities cited
Cases cited (1)
- Gachiri Kariuki & Co. Advocates vs. Invesco Assurance Co. Ltd [2014] eKLR
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.
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