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Ngatia & Associates Advocates v Interactive Gaming & Loteries Limited [2018] KEHC 820 (KLR)

[2018] KEHC 820 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
820
Citation
[2018] KEHC 820 (KLR)
Decided
29 November 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureApplicant (Ngatia & Associates Advocates) files a Bill of Costs against Respondent (Interactive Gaming & Lotteries Limited) on the grounds of instruction fees.CoramMARY KASANGO
Holding

The preliminary objection is overruled, rejected, and dismissed with costs to Ngatia & Associates Advocates.

Facts

The Advocate filed a Bill of Costs for instruction fees related to Flint East African Limited, a Premium Rate Service Provider, against the client. The client raised a preliminary objection claiming no advocate-client relationship.

Issues

  1. Existence of advocate-client relationship
  2. Jurisdiction of the taxing master to tax the Bill of Costs

Reasoning

The Advocate acted on the client's instructions to act for Flint East African Limited, fitting the definition of a client in the Advocates Act. The client's preliminary objection was raised improperly and should have been an application.

Outcome

Ngatia & Associates Advocates wins the case.

Orders

  • The reading of the Ruling mention date will be fixed for taxation of the Bill of Costs

Authorities cited

Legislation (1)
  • Advocates Act Cap 16
Cases cited (3)
  • Hezekiel Oira T/A H. Oira Advocate vs Kenya Broadcasting Corporation (2015) eKLR
  • Samson Owino Ger vs Marmanet Forest Co-operative & Credit Society (1988) eKLR
  • Mukisa Biscuit (2018) 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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