Martin Mugambi Mithega v Invesco Assurance Company Ltd [2019] KEHC 2136 (KLR)
- Court
- High Court of Kenya
- Case number
- 2136
- Citation
- [2019] KEHC 2136 (KLR)
- Decided
- 7 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent's preliminary objection to Applicant's Bill of CostsCoramC. MEOLI
Holding
The Bill of Costs is time barred and the preliminary objection is upheld.
Facts
Applicant was instructed by Respondent to defend Kiambu Civil Case No. 164 of 2005 in May 2005, and judgment was delivered in 2006. Applicant filed a Bill of Costs in April 2017, ten years after judgment.
Issues
- Whether the Applicant's Bill of Costs is time barred
- Whether the Respondents' consent to suspend legal fees for one year is valid
Reasoning
The court found that the Bill of Costs was filed more than six years after the cause of action accrued, and the Respondents' consent to suspend legal fees did not extend the statute of limitations.
Outcome
Preliminary objection upheld
Orders
- Preliminary objection upheld with costs to Respondents
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (4)
- Livingstone Kunini Ntutu vs County Council of Narok & 2 others (2015) eKLR
- Abincha & Co. Advocates vs Trident Insurance Company Ltd (2011) eKLR
- Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd (1969) E.A 696
- Halsbury’s Laws of England 4th Edition, Volume 28 at paragraph 879
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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