Oluoch- Olunya & Associates Advocates v Parklane Construction Ltd [2020] KEHC 6258 (KLR)

Facts

The Respondent/Applicant filed a reference based on Sections 1A, 1B & 3A CPA and Rule 11(2) Advocates Remuneration Order, seeking reassessment of the quantum of total fees and VAT chargeable in the Bill of Costs.

Issues

1. Whether the reference to vacate and/or set aside the Ruling by Taxing Officer of 24th January 2019 is granted or dismissed.
2. Whether the Taxing Officer acted contrary to settled legal principles, the decision was erroneous and unreasonable in the circumstances.
3. Whether the requisite instruction fee was agreed and part payments made culminating to the final fee note of Ksh 280,000/- that was outstanding.

Reasoning

The Taxing Officer found that the Respondent failed to provide and documents/letters/agreement that was/were in writing and that the professional/Legal fees were an agreed figure and that the Agreement was signed by the Client and/or authorised agent. The Taxing Master found that there was a retainer between the Applicant and Respondent but it was not reduced in writing and signed by client or authorised agent and therefore the letters did not amount to the Retainer Agreement.

Outcome

The Reference filed on 11th March 2019 to vacate/set aside the Taxing Officer’s Ruling of 24th January 2019 is dismissed.

Authorities cited