Mwangi Keng’ara & Co. Advocates) v Invesco Assurance Company Limited [2016] KEHC 8719 (KLR)

Facts

There are 25 other cases pending at the Commercial Division of the High Court of Kenya, Milimani, Nairobi, which the Advocate wishes to have treated as a Test Case to determine various issues.

Issues

1. Whether the Advocate/Client Bill of costs should be struck out for contravening the fees agreement.
2. Whether the Advocate/Client Bill of costs was filed by an unqualified person.
3. Whether the period from 1/3/2008 to 15/11/2012 should be excluded in the computation of the limitation period.
4. Whether the Client/Respondent's quest for accounts of the alleged payment of over Kshs. 20,000,000 or the alleged global fees agreement should be taken before the taxing master.
5. Whether the Client/Respondent's Notice of Motion is res judicata, sub judice, and an abuse of court process.
6. Whether there was an agreement on the total fees payable to the Advocate/Applicant for services rendered.
7. Whether the further affidavit sworn by Paul Gichuhi is fatally defective and therefore for striking out.

Reasoning

The court considers that it would be imprudent to order that this, or any other case, be handled as the Test Case, due to the varying stages in which different cases have reached.

Outcome

The application is dismissed.

Authorities cited