[2018] KEHC 1417 (KLR)
The court found that Ngugi Mwangi & Co. Advocates failed to demonstrate that it was retained by East Africa Foundry Works Limited to act in Milimani CMCC No. 2750 of 2006. The applicant's evidence, including the attached plaint and affidavit, was uncontroverted as the respondent did not file any response. The court...
Source-derived case information.
- Citation
- [2018] KEHC 1417 (KLR)
- Parties
- Respondent: Ngugi Mwangi & Co. Advocates; Applicant: East Africa Foundry Works Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 179 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion Regarding Retainer
- Outcome
- Application allowed. Declaration that there was no retainer. Costs awarded to applicant.
- Judges
- RB Ngetich
- Legal Topics
- Advocate Client Relationship, Retainer Dispute, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ngugi Mwangi & Co. Advocates
Respondent
East Africa Foundry Works Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion Regarding Retainer
Legal Issues
- 1 Whether Ngugi Mwangi & Co. Advocates was retained by East Africa Foundry Works Limited to act in Milimani CMCC No. 2750 of 2006.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that Ngugi Mwangi & Co. Advocates failed to demonstrate that it was retained by East Africa Foundry Works Limited to act in Milimani CMCC No. 2750 of 2006. The applicant's evidence, including the attached plaint and affidavit, was uncontroverted as the respondent did not file any response. The court therefore concluded that there was no retainer between the parties for the suit in question, and the applicant was entitled to costs of the application.
Court Disposition
Application allowed. Declaration that there was no retainer. Costs awarded to applicant.
Orders
- The Advocate/Respondent was not retained by East Africa Foundry Works Limited to represent the company in Milimani CMCC No. 2750 of 2006.
- Costs of this application to the Client/Applicant.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND ADMIRALTY DIVISION-MILIMANI
MISC. CIVIL APPLICATION NO.179 OF 2017
NGUGI MWANGI &CO. ADVOCATES.......................ADVOCATE/RESP
VERSUS
EAST AFRICA FOUNDRY WORKS LIMITED................CLIENT/APPL
R U L I N G
This is a ruling on Notice of Motion dated 9th April 2018 filed by the Client/Applicant. It seeks determination on retainer.
Grounds on the face of the application are as follows:-
That that the Applicant/Client dispute issuing instructions to the Applicant to represent the in Milimani CMCC Case Number 2750 of 2006.
That the Applicant instructed the firm of Kabare & Company Advocates to represent them in that suit; that the Respondent/Advocate is a stranger to the Respondent.
The application is supported by the Affidavit of Tejwant S. Sagoo the Director of the Applicant/Client Company.
He restated grounds on the face of the application. The Applicant/Client averred that the Applicant/Client has never given any instructions to the Advocate/Respondent to file a suit on its behalf against Wigma Enterprises Limited.
He averred that the Applicant Company instructed the firm of Kabare & Company Advocates to file a case for recovery of money from Wigma Enterprises Limited being Milimani CMCC No. 2750 of 2006. He attached copy of plaint to confirm that.
The Respondent/Advocate never filed response to the application herein.
Despite being given time to file response, the Advocate/Respondent failed to file any document to rebut the Applicants averments.
From the foregoing, I find that the Advocate/Applicant has failed to demonstrate that the Client /Applicant retained Ngugi Mwangi & Co. Advocates to act in Milimani CMCC No. 2750 of 2006.
FINAL ORDERS
1. The Advocate/Respondent herein was not retained by EAST AFRICA FOUNDRY WORKS LIMITED to represent the Company in Milimani CMCC No.2750 of 2006.
2. Costs of this application to the Client/Respondent.
Ruling Delivered, DatedandSignedatNairobithis6thday ofDecember, 2018
.....................................
RACHEL NGETICH
JUDGE
IN THE PRESENCE OF
SAKINA: COURT ASSISTANT
MR. OWADE H/B FOR MULI: COUNSEL FOR CLIENT/APPLICANT
NGUGI MWANIKI: COUNSEL FOR ADVOCATE/RESPONDENT