[2024] KEELC 3658 (KLR)
The court held that the dispute between the parties, which centers on the alleged non-payment of legal fees and involves contentious issues regarding the performance of a contract of services, cannot be properly determined within the framework of a miscellaneous application. The court reasoned that such disputes...
Source-derived case information.
- Citation
- [2024] KEELC 3658 (KLR)
- Parties
- Applicant: Achach & Associates Advocates; Respondent: Narsing Gordan Chhaya; Respondent: Chihaya Prembai Narsinh
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E018 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection/strike Out
- Outcome
- miscellaneous application struck out
- Judges
- LN Mbugua
- Legal Topics
- Advocate Fee Disputes, Contract of Services, Striking Out Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achach & Associates Advocates
Applicant
Narsing Gordan Chhaya
Respondent
Chihaya Prembai Narsinh
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection/strike Out
Legal Issues
- 1 Whether the applicant's claim for unpaid legal fees can be determined in a miscellaneous application.
- 2 Whether the dispute regarding performance of contract of services requires an ordinary suit.
Ratio Decidendi
The court held that the dispute between the parties, which centers on the alleged non-payment of legal fees and involves contentious issues regarding the performance of a contract of services, cannot be properly determined within the framework of a miscellaneous application. The court reasoned that such disputes require the structure of an ordinary suit, where the cause of action can be fully articulated and the parties can respond through formal pleadings. Consequently, the court struck out the miscellaneous application, finding it procedurally inappropriate for the resolution of the substantive issues raised.
Court Disposition
miscellaneous application struck out
Orders
- This miscellaneous suit is hereby struck out with no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Achach & Associates Advocates v Chhaya & another (Miscellaneous Application E018 of 2024) [2024] KEELC 3658 (KLR) (6 May 2024) (Ruling)
Neutral citation: [2024] KEELC 3658 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Miscellaneous Application E018 of 2024
LN Mbugua, J
May 6, 2024
Between
Achach & Associates Advocates
Applicant
and
Narsing Gordan Chhaya
1st Respondent
Chihaya Prembai Narsinh
2nd Respondent
Ruling
1. I have perused this miscellaneous file and the responses filed thereof. The applicant appears to be aggrieved by none payment of legal fees by the respondent arising from a land sale transaction in which the respondents were the vendors.
2. It is quite apparent that the issues raised by the protagonists are rather contentious and there are accusations and counter accusations relating to contract of services. The performance (or none performance) of the contract of services is not an issue which can adequately be canvassed in a miscellaneous suit. It is the view of this court that the dispute should be channeled in an ordinary suit to enable the parties to sufficiently capture the cause of action and to respond accordingly through pleadings. In the circumstances, this miscellaneous suit is hereby struck out with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 6THDAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kwarikwar holding brief for Achach for ApplicantMboya for the two RespondentsCourt assistant: Eddel