Joe Kathungu t/a Joe Kathungu & Co. Advocates v Wilson Kaburi Macharia & another [2020] KEHC 3555 (KLR)
- Court
- High Court of Kenya
- Case number
- 3555
- Citation
- [2020] KEHC 3555 (KLR)
The court finds that the parties had a meeting of minds regarding the instruction fees and that the disputed agreement is enforceable.
Facts
The advocate, Joe Kathungu, and his clients, Wilson Kaburi Macharia and Christine Wangu Macharia, entered into a retainer agreement regarding instruction fees for a civil suit. The clients claim the agreement was coerced and unconscionable, while the advocate disputes this.
Issues
- Whether the parties entered into an agreement regarding instruction fees prior to the advocate taking up instructions
- Whether the agreement is enforceable
Reasoning
The court finds that the client signed the agreement willingly and that the terms were clearly stated. The court does not rewrite contracts but gives effect to the intentions of the parties as expressed in their agreements.
Outcome
The court upholds the agreement and the advocate is entitled to 1/3 of the settled amount as instructed fees.
Orders
- The taxing master is instructed to proceed to tax the bill of costs excluding the item on instruction fees.
Authorities cited
Legislation (2)
- Section 45(1) of the Advocates Act
- Advocates (Remuneration) Order
Cases cited (2)
- Adopt A Light Ltd v Ochieng Onyango, Kibet and Ohaga Advocates [2016] e KLR
- Prudential Assurance Company of Kenya Ltd v Sukhwinder Singh Jutley & Another Civil Appeal No.23 of 2005
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