[2012] KEHC 915 (KLR)

[2012] KEHC 915 (KLR)

The court found that while the plaintiff sought to secure sums allegedly received by the defendant and to stay taxation of costs, the defendant's right to a lien and to immediate payment of fees under the Advocates Act could not be ignored. The court determined that the order staying taxation of costs should be lifted, as proceeding with taxation would not prejudice the plaintiff; certificates of taxation could be held in abeyance pending resolution of related issues. The court also held that the preliminary objection and the merits of the application should be argued together to promote efficiency and reduce costs. Accordingly, the application was set down for hearing within 28 days, and...

Citation
[2012] KEHC 915 (KLR)
Parties
Plaintiff: Christopher Happe; Respondent: Stephen Oddiaga
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
22 November 2012
Case Number
Civil Suit 170 of 2012
Procedural Posture
Civil Suit / Ruling on Interlocutory Application and Preliminary Objection
Outcome
Order staying taxation lifted; application to be heard on merits with preliminary objection; costs in the cause.
Legal Topics
Interlocutory Injunctions, Advocate Client Costs, Security for Costs, Lien on Files
Source Language
English
Civil Procedure Commercial and Corporate Interlocutory Injunctions Advocate Client Costs Security for Costs Lien on Files

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Christopher Happe

Plaintiff

Stephen Oddiaga

Respondent

Procedural Posture

Civil Suit / Ruling on Interlocutory Application and Preliminary Objection

Legal Issues

  1. 1 Whether the defendant should be ordered to deposit KES 13,062,500 and KES 1.2 million in court pending determination of the suit.
  2. 2 Whether the advocate/client bills of costs in five listed cases should be stayed.
  3. 3 Whether the defendant has a valid lien over the files and money due to the plaintiff due to unpaid costs and fees.

Ratio Decidendi

The court found that while the plaintiff sought to secure sums allegedly received by the defendant and to stay taxation of costs, the defendant's right to a lien and to immediate payment of fees under the Advocates Act could not be ignored. The court determined that the order staying taxation of costs should be lifted, as proceeding with taxation would not prejudice the plaintiff; certificates of taxation could be held in abeyance pending resolution of related issues. The court also held that the preliminary objection and the merits of the application should be argued together to promote efficiency and reduce costs. Accordingly, the application was set down for hearing within 28 days, and...

Court Disposition

Order staying taxation lifted; application to be heard on merits with preliminary objection; costs in the cause.

Orders

  • The order barring taxation is lifted.
  • Parties to argue the preliminary objection together with the merits of the application.