Martin Mugambi Mithega t/a Mithega & Kariuki v Invesco Assurance Company Ltd [2019] KEHC 2154 (KLR)
- Court
- High Court of Kenya
- Case number
- 2154
- Citation
- [2019] KEHC 2154 (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
The Applicant filed a Bill of Costs to recover legal fees and expenses for work done in connection with Limuru SPMCC No. 489 of 2004. The Respondent filed a preliminary objection claiming the Bill of Costs is time barred.
Issues
- Whether the Bill of Costs is time barred under the Limitation of Actions Act.
- Whether the Applicant's retainer with the Respondents has terminated due to the alleged consent between the parties.
Reasoning
The court found that the Bill of Costs was filed more than 10 years after the cause of action accrued, and the Respondent's preliminary objection is upheld.
Outcome
Preliminary objection upheld with costs to the 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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