[2022] KEHC 118 (KLR)
The court found that, in light of the advocate's willingness to provide a detailed account and the existence of a pending bill of costs, it was unnecessary to proceed with a full hearing of the originating summons. The order nisi requiring deposit of funds was discharged, and the advocate was directed to deliver a...
Source-derived case information.
- Citation
- [2022] KEHC 118 (KLR)
- Parties
- Plaintiff: Mohinder Kaur; Defendant: Rabala & Company Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E1267 of 2020
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Order Nisi and Directions on Accounting
- Outcome
- Order nisi discharged; advocate to deliver account; further proceedings stayed pending taxation; costs in the cause.
- Judges
- DAS Majanja
- Legal Topics
- Advocate Client Accounts, Conveyancing Fees, Accounting for Client Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohinder Kaur
Plaintiff
Rabala & Company Advocates
Defendant
Procedural Posture
Miscellaneous Civil Application / Ruling on Order Nisi and Directions on Accounting
Legal Issues
- 1 Whether the defendant advocate should be compelled to deposit the amount claimed by the plaintiff in court pending determination of the dispute.
- 2 Whether the defendant advocate is obliged to deliver a cash account for all monies received in relation to the sale of LR No. 209/3754.
- 3 Whether further proceedings should await taxation of the advocate's bill of costs.
Ratio Decidendi
The court found that, in light of the advocate's willingness to provide a detailed account and the existence of a pending bill of costs, it was unnecessary to proceed with a full hearing of the originating summons. The order nisi requiring deposit of funds was discharged, and the advocate was directed to deliver a detailed account of all monies received in the sale transaction within thirty days. Further proceedings were to await the outcome of the taxation of the advocate's bill of costs. This approach balanced the need for accountability with procedural efficiency and recognized the ongoing statutory process for determining the advocate's entitlement to fees.
Court Disposition
Order nisi discharged; advocate to deliver account; further proceedings stayed pending taxation; costs in the cause.
Orders
- The order nisi issued against the Advocate on 11th February 2022 is discharged.
- The Advocate is directed to give a detailed account of the entire money received in the sale of LR No. 209/3754 within thirty (30) days.
Full Case Text
Judgment text and source record
20 paragraphs
Kaur v Advocates (Miscellaneous Civil Application E1267 of 2020) [2022] KEHC 118 (KLR) (Commercial and Tax) (18 February 2022) (Ruling)
Neutral citation: [2022] KEHC 118 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Miscellaneous Civil Application E1267 of 2020
DAS Majanja, J
February 18, 2022
Between
Mohinder Kaur
Plaintiff
and
Rabala & Company Advocates
Defendant
Ruling
1. It is not in dispute that the Defendant (“the Advocate”) acted for the Plaintiff in the sale of a property LR No. 209/3754. In the Originating Summons dated 2nd December 2020, the Plaintiff seeks inter alia prayers for an account and consequential orders. In due course, I directed the Advocate to show cause why the amount claimed by the Plaintiff should not be deposited in court.
2. The Advocate filed an affidavit sworn on 31st January 2022 in which he detailed various proceedings including a pending Bill of Costs filed in HCOMM Misc. E190 of 2021. In view of those proceedings, I am satisfied that cause has been shown hence the order nisi is discharged.
3. On the other hand, the Advocate depones at paragraph 12 that, “I am ready to give a detailed account of the entire money that was received in the sale of LR No. 209/3754 as the said money was strictly utilized pursuant to the Client’s instructions.” This is consistent with Prayer 2 of the Originating Summons which prays, “That the Defendant do deliver a cash account in respect of all monies received by him in relation to the sale of LR No. 209/3754. ” The Plaintiff also seeks a determination, “whether the Defendant should file a Bill of Costs in respect of the conveyance on sale of LR No. 209/3754”. The Bill of costs has now been filed in line with the Plaintiff’s plea and he has to await its determination.
4. It is clear from the grounds I have set out that a full hearing of the Originating Summons may not be necessary. In the circumstances and in order to save the parties and court time, I order as follows:1. The order nisi issued against the Advocate on 11th February 2022 be and is hereby discharged.2. The Advocate is directed to give a detailed account of the entire money received in the sale of LR No. 209/3754 within thirty (30) days.3. The any further proceedings shall be taken after taxation of the Advocates Bill of Costs in HCOMM Misc. E190 of 2021. 4.Costs in the cause.
DATED AND DELIVERED AT NAIROBI THIS 18TH DAY OF FEBRUARY 2022. D.S. MAJANJAJUDGECourt Assistant: Mr M. OnyangoMr Mutua instructed by E. K. Mutua and Company Advocates for the PlaintiffMr Odera instructed by Bansbury Associates Advocates for the Defendant