[2014] KEHC 3815 (KLR)
The court found the proposed distribution of the judgment sum reasonable except for the legal costs, which constituted a quarter of the total sum. The judge determined that legal costs of Ksh.200,000/- were excessive and should be reduced to Ksh.150,000/-. The Ksh.50,000/- saved from this reduction should be added...
Source-derived case information.
- Citation
- [2014] KEHC 3815 (KLR)
- Parties
- Plaintiff: R N K & M K M (Suing as the personal representative of the Estate S K M); Defendant: Patrick Mwai; Defendant: Coast Broadway Company
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 342 of 2009
- Procedural Posture
- Civil Case / Ruling on Deed of Settlement and Legal Costs
- Outcome
- Legal costs reduced; deed of settlement to be adjusted accordingly.
- Judges
- DA Onyancha
- Legal Topics
- Deed of Settlement, Distribution of Judgment Sum, Legal Costs, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R N K & M K M (Suing as the personal representative of the Estate S K M)
Plaintiff
Patrick Mwai
Defendant
Coast Broadway Company
Defendant
Procedural Posture
Civil Case / Ruling on Deed of Settlement and Legal Costs
Legal Issues
- 1 Whether the proposed distribution of the judgment sum is reasonable.
- 2 Whether the legal costs claimed are justified and reasonable.
Ratio Decidendi
The court found the proposed distribution of the judgment sum reasonable except for the legal costs, which constituted a quarter of the total sum. The judge determined that legal costs of Ksh.200,000/- were excessive and should be reduced to Ksh.150,000/-. The Ksh.50,000/- saved from this reduction should be added to the widow's share. The court further directed that the minors' share be paid into an interest-earning fixed savings account, ensuring their financial security. The ruling reflects the court's supervisory role in protecting the interests of dependants and ensuring that legal costs do not unduly diminish the benefits due to beneficiaries.
Court Disposition
Legal costs reduced; deed of settlement to be adjusted accordingly.
Orders
- Legal costs reduced from Ksh.200,000/- to Ksh.150,000/-.
- Ksh.50,000/- saved from legal costs to be added to the widow's share.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NUMBER 342 OF 2009
R N K& M K M (Suing as the personal representative
Of the Estate S K M. ………................……….. PLAINTIFF
VERSUS
PATRICK MWAI. ……………………………… 1ST DEFENDANT
COAST BROADWAY COMPANY. ……….…. 2ND DEFENDANT
R U L I N G
I have carefully examine the proposal for a deed of settlement in respect of the sum of Ksh.800,000/-, the subject of the judgment sum due to the Plaintiff’s family. The distribution appears reasonable except for the element of legal costs which appears to consume a full quarter of the sum due as the decretal sum.
The court will accordingly seek justification for the legal costs of Ksh.200,000/- with intention to reduce the same to Ksh.150,000/-. If that is done, the deducted sum of Ksh.50,000/- will be added to the widow’s share before the sum to the minors is paid to an interest-earning saving fixed account.
Dated and delivered at Nairobi this 26th day of June, 2014.
………………………………………
D A ONYANCHA
JUDGE