[2020] KEHC 6779 (KLR)

[2020] KEHC 6779 (KLR)

The court found that although the advocates issued statutory notices under section 90 of the Land Act, 2012, the intent was to demand payment and collect the debt owed to the applicant. However, Paragraph 7, Part II of Schedule 5 of the Advocates Remuneration Order only applies where there is a general agreement...

Source-derived case information.

Citation
[2020] KEHC 6779 (KLR)
Parties
Applicant: Ecobank Limited; Respondent: Macharia Mwangi & Njeru Advocates
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E298 of 2019
Procedural Posture
Miscellaneous Application / Reference Against Taxation Decision
Outcome
Reference allowed. Bill of costs remitted for fresh taxation before a different Deputy Registrar under Paragraph 1, Part II of Schedule 5.
Judges
DAS Majanja
Legal Topics
Advocates Remuneration, Taxation of Costs, Instruction Fees, Debt Collection, Security Realization
Source Language
en
Civil Procedure Commercial and Corporate Advocates Remuneration Taxation of Costs Instruction Fees Debt Collection Security Realization

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ecobank Limited

Applicant

Macharia Mwangi & Njeru Advocates

Respondent

Procedural Posture

Miscellaneous Application / Reference Against Taxation Decision

Legal Issues

  1. 1 Whether the Deputy Registrar applied the correct provision of the Advocates Remuneration Order in taxing the advocate-client bill of costs.
  2. 2 Whether Paragraph 7, Part II of Schedule 5 of the Advocates Remuneration Order applies in the absence of a general agreement between advocate and client.
  3. 3 Whether the instruction fee should be taxed under Paragraph 1, Part II of Schedule 5.

Ratio Decidendi

The court found that although the advocates issued statutory notices under section 90 of the Land Act, 2012, the intent was to demand payment and collect the debt owed to the applicant. However, Paragraph 7, Part II of Schedule 5 of the Advocates Remuneration Order only applies where there is a general agreement between advocate and client to use the debt collection scale, which was absent in this case. Therefore, the Deputy Registrar erred in applying Paragraph 7. The correct provision for taxing the bill of costs is Paragraph 1, Part II of Schedule 5, which requires consideration of the care, labour, and complexity involved. The bill of costs must be remitted for fresh taxation under...

Court Disposition

Reference allowed. Bill of costs remitted for fresh taxation before a different Deputy Registrar under Paragraph 1, Part II of Schedule 5.

Orders

  • The decision of the Taxing Officer and the Certificate of Taxation are set aside.
  • The Advocate-Client Bill of Costs is remitted for fresh taxation before a different Deputy Registrar.