Japhet C Chidzipha t/a J C Chidzipha & Co. Advocate v Kayaja (Miscellaneous Application E023 of 2021) [2022] KEHC 14459 (KLR) (28 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14459
- Citation
- [2022] KEHC 14459 (KLR)
- Decided
- 28 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to recover legal fees from Respondent, Respondent seeks to strike out the bill of costsCoramJN ONYIEGO
Holding
The bill of costs is struck out as the claim for legal fees is time barred under the Limitation of Actions Act
Facts
Japhet C Chidzipha t/a J C Chidzipha & Co. Advocate instructed Rodah Kayala to represent her in Mombasa civil appeal suit No 20 of 2006, which was later withdrawn and a fresh suit Civil No 9/2007 was filed. The suit was struck out in 2007, and Kayala claimed she had paid all legal fees.
Issues
- Whether the bill of costs for legal fees is time barred under the Limitation of Actions Act
- Whether the application to strike out the bill of costs is an abuse of process
Reasoning
The court held that the claim for legal fees is time barred as it was filed 13 years after the suit was dismissed, and the Limitation of Actions Act limits claims based on contracts to 13 years.
Outcome
Bill of costs struck out
Orders
- Bill of costs struck out with costs to the applicant
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Advocates Act
Cases cited (2)
- Abincha and Co advocates’ case
- Akide and Company Advocates v Kenindia Assurance Company limited
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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