Karen & Associate Advocates v Njoroge (Miscellaneous Application E010 of 2021) [2024] KEHC 16673 (KLR) (29 July 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 16673
- Citation
- [2024] KEHC 16673 (KLR)
- Decided
- 29 July 2024
Summary at a glance
TypeMiscellaneous ApplicationPostureAppeal from a decision of a taxing masterCoramJL TAMAR
The bill on instruction to transmit the properties falls under Schedule 5 of the Advocate Remuneration Order, titled 'fees in respect of business the remuneration for which is not otherwise prescribed or which has been the subject of an election under paragraph 22'.
Facts
The applicant filed a succession cause and obtained a certificate of grant. Subsequently, the applicant filed 18 separate bills of cost related to properties of the deceased. The respondent raised a preliminary objection regarding the applicable schedule for transmission of properties to beneficiaries.
Issues
- Applicable schedule under the Advocate Remuneration Order 2014 relating to transmission of a deceased estate to beneficiaries.
- Whether the Taxing Master erred in consolidating the bills filed by the applicant.
Reasoning
The court held that transmission of property after confirmation of grant is governed by the Land Act and Land Registration Act 2012, and the remuneration of an advocate for transmission is not provided for under the Advocate Remuneration Order.
Outcome
The pending bill of cost will proceed under Schedule 5 of the Advocate Remuneration Order and as consolidated by the consent of the parties.
Orders
- The pending bill of cost will proceed under Schedule 5 of the Advocate Remuneration Order and as consolidated by the consent of the parties.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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