[2015] KEHC 7376 (KLR)

[2015] KEHC 7376 (KLR)

The court found that while an advocate has a right of lien over client files for unpaid fees, such a right only arises when the amount due is ascertained, usually through taxation. In this case, the Defendant had not filed a Bill of Costs or specified the amount owed, and thus no enforceable lien existed. The Plaintiffs did not dispute that some fees might be due, but the Defendant failed to take steps to quantify or recover them. The court also held that the Plaintiffs had not taken the procedural steps required to effect a change of advocates or act in person in the relevant matters. As for party and party costs, there was insufficient evidence to support the Plaintiffs’ claim that such...

Citation
[2015] KEHC 7376 (KLR)
Parties
Plaintiff: Graham Alder, Prof. Albert Mumma, Nick Evans (Committee Members of the Karen Langata District Association); Defendant: Stephen Musalia Mwenesi t/a S. Musalia Mwenesi Advocates
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 May 2015
Case Number
Civil Case 685 of 2008
Procedural Posture
Civil Case / Ruling on Originating Summons
Outcome
Plaintiffs' Originating Summons allowed in part; conditional orders granted.
Judges
DO Ogembo
Legal Topics
Advocate Client Relationship, Right of Lien, Retainer Agreements, Change of Advocates, Taxation of Costs
Source Language
English
Civil Procedure Commercial and Corporate Advocate Client Relationship Right of Lien Retainer Agreements Change of Advocates Taxation of Costs

Case Brief

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Parties

Graham Alder, Prof. Albert Mumma, Nick Evans (Committee Members of the Karen Langata District Association)

Plaintiff

Stephen Musalia Mwenesi t/a S. Musalia Mwenesi Advocates

Defendant

Procedural Posture

Civil Case / Ruling on Originating Summons

Legal Issues

  1. 1 Whether the Defendant should cease from acting as the Plaintiffs’ Advocate in all matters connected with the Plaintiffs.
  2. 2 Whether the Defendant should surrender to the Plaintiffs the files in his possession relating to the Plaintiffs.
  3. 3 Whether the Defendant should deliver cash accounts in respect of party and party costs and pay the Plaintiffs the funds due to them.

Ratio Decidendi

The court found that while an advocate has a right of lien over client files for unpaid fees, such a right only arises when the amount due is ascertained, usually through taxation. In this case, the Defendant had not filed a Bill of Costs or specified the amount owed, and thus no enforceable lien existed. The Plaintiffs did not dispute that some fees might be due, but the Defendant failed to take steps to quantify or recover them. The court also held that the Plaintiffs had not taken the procedural steps required to effect a change of advocates or act in person in the relevant matters. As for party and party costs, there was insufficient evidence to support the Plaintiffs’ claim that such...

Court Disposition

Plaintiffs' Originating Summons allowed in part; conditional orders granted.

Orders

  • The Defendant to file a Bill of Costs within thirty (30) days from the date of the ruling, failing which the files shall be immediately released to the Plaintiffs without deposit of security.
  • The Plaintiffs to deposit security for the amount demanded in Court pursuant to the Bill of Costs filed.