Japhet C. Chidzipha t/a J .C Chidzipha & Co. Advocate v Kayaja (Miscellaneous Application E022 of 2021) [2022] KEHC 14629 (KLR) (28 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14629
- Citation
- [2022] KEHC 14629 (KLR)
- Decided
- 28 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks taxation of costs, Respondent seeks to strike out the bill of costsCoramJ.N.ONYIEGO
Holding
The bill of costs is struck out with costs to the respondent/applicant
Facts
Japhet C. Chidzipha t/a J.C Chidzipha & Company advocates filed a client bill of costs against Rodah Kayala for Ksh 213,200, including VAT, for legal fees related to a civil appeal. Rodah Kayala filed a notice of motion seeking to strike out the bill of costs and have the costs borne by her.
Issues
- Whether the bill of costs is time barred under the Limitation of Actions Act
- Whether the bill of costs should be struck out and costs borne by the respondent
Reasoning
The court held that the claim for legal fees is time barred under the Limitation of Actions Act as it was filed 11 years after the suit was dismissed, and six years had lapsed without any action for recovery.
Outcome
Bill of costs struck out
Orders
- Bill of costs struck out
- Costs to the respondent/applicant
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Advocate's Act
Cases cited (2)
- Abincha and Co advocates' case
- Akide and Company Advocates vs 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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