Kibuchi & Company Advocates v Kenindia Assurance Company Limited (Civil Miscellaneous Application 710 of 2018) [2023] KEHC 4072 (KLR) (Civ) (3 May 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4072
- Citation
- [2023] KEHC 4072 (KLR)
- Decided
- 3 May 2023
The order dated 1/7/2022 should not be reviewed, and the applicant's bill of costs should not be reinstated for taxation.
Facts
The applicant, Kibuchi & Company Advocates, provided legal services to Kenindia Assurance Company Limited from December 2005 to defend a claim in Nairobi CMCC No 1042 of 2007. The legal fees were not settled, and the respondent, Kenindia Assurance Company Limited, filed a Notice of Preliminary Objection alleging the bill of costs was statute barred. The court upheld the objection on July 1, 2022.
Issues
- Whether the order dated 1/7/2022 should be reviewed.
- Whether the applicant's bill of costs should be reinstated for taxation.
Reasoning
The court found that the reason for striking out the bill of costs was that it was statute time barred. The applicant's application for review was dismissed.
Outcome
The application is dismissed with costs to the respondent.
Orders
- The order dated 1/7/2022 should not be reviewed.
- The applicant's bill of costs should not be reinstated for taxation.
Authorities cited
Legislation (1)
- Civil Procedure Rules
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