Muriithi Kireria & Associates Advocates v Kenya Planters Co-operative Union Limited [2017] KEHC 7198 (KLR)
- Court
- High Court of Kenya
- Case number
- 7198
- Citation
- [2017] KEHC 7198 (KLR)
- Decided
- 10 March 2017
The application by the Union to stay proceedings will be and is hereby dismissed. The Advocate's Bill of Costs filed on 30th September 2014 is to be taxed de novo in default of any agreement between the Union and the Advocate on any fees payable.
Facts
The Union appointed the Advocate to act for them in a High Court Civil Case No. 779 of 2009. The Advocate acted for the Union and filed a Notice of Change of Advocates. The Advocate filed a Bill of Costs on 30th September 2014.
Issues
- Whether there existed a retainer as between the Advocate and the Respondent Union
- Whether the Advocate's Bill of Costs should be taxed de novo in default of any agreement between the Union and the Advocate
Reasoning
The court held that a personal retainer was agreed orally and implied by the client’s conduct in employing the attorney to carry out the work as requested. The court dismissed the Union's application to stay proceedings and ordered the Advocate's Bill of Costs to be taxed de novo.
Outcome
Appeal dismissed
Orders
- The application by the Union to stay proceedings will be and is hereby dismissed.
- An attempt to agree on the fees must first be made.
- The Advocate's Bill of Costs filed on 30th September 2014 is to be taxed de novo in default of any agreement between the Union and the Advocate on any fees payable.
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