Martin Mugambi Mithega v Invesco Assurance Company Ltd [2019] KEHC 2138 (KLR)
- Court
- High Court of Kenya
- Case number
- 2138
- Citation
- [2019] KEHC 2138 (KLR)
- Decided
- 7 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous 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
The Applicant filed a Bill of Costs to recover legal fees and expenses related to Limuru CMCC No. 399 of 2004. The Respondent raised a preliminary objection claiming the Bill of Costs is time barred.
Issues
- Whether the Bill of Costs is time barred
- Whether the Respondent's consent to suspend the bill of costs is valid
Reasoning
The court found the Bill of Costs was filed more than 10 years after the cause of action accrued, and the Respondent's consent to suspend the bill of costs is not valid.
Outcome
The preliminary objection is upheld with costs to the Respondents.
Orders
- The Bill of Costs is time barred and the preliminary objection is upheld
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (3)
- Livingstone Kunini Ntutu vs County Council of Narok & 2 others (2015) eKLR
- Abincha & Co. Advocates vs Trident Insurance Company Ltd (2011) eKLR
- Abincha & Co. Advocates v Trident Insurance Co. Ltd [2013] 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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