[2014] KEHC 5309 (KLR)

[2014] KEHC 5309 (KLR)

The court found that the Taxing Master erred in dismissing the Advocate/Client Bill of Costs as premature under paragraph 62A(1) of the Advocates (Remuneration) Order. Paragraph 62A(1) applies only to Party/Party Bills of Costs and not to Advocate/Client Bills. The correct legal position, as established in Machira &...

Source-derived case information.

Citation
[2014] KEHC 5309 (KLR)
Parties
Applicant: S E A; Respondent: S S H
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
15 May 2014
Case Number
Civil Case 159 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Dismissal of Advocate/client Bill of Costs
Outcome
Application allowed; dismissal of Bill of Costs set aside; Bill reinstated for taxation before a different Taxing Officer; costs awarded to the Advocate.
Judges
MM Kasango
Legal Topics
Advocate Client Costs, Bill of Costs Taxation, Change of Advocate, Family Property Disputes
Source Language
english
Civil Procedure Family and Children Advocate Client Costs Bill of Costs Taxation Change of Advocate Family Property Disputes

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Parties

S E A

Applicant

S S H

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Dismissal of Advocate/client Bill of Costs

Legal Issues

  1. 1 Whether the Taxing Master erred in dismissing the Advocate/Client Bill of Costs as premature under paragraph 62A(1) of the Advocates (Remuneration) Order.
  2. 2 Whether paragraph 62A(1) applies to Advocate/Client Bills of Costs or only to Party/Party Bills of Costs.
  3. 3 Whether the Advocate is entitled to have his Bill of Costs taxed immediately after ceasing to act.

Ratio Decidendi

The court found that the Taxing Master erred in dismissing the Advocate/Client Bill of Costs as premature under paragraph 62A(1) of the Advocates (Remuneration) Order. Paragraph 62A(1) applies only to Party/Party Bills of Costs and not to Advocate/Client Bills. The correct legal position, as established in Machira & Co. Advocates v Arthur K. Magugu & Another, is that an advocate whose instructions have been terminated is entitled to immediate payment and may have his bill taxed without waiting for the conclusion of the matter or for the advocate on record to recover fees. Section 48(1) of the Advocates Act further supports the advocate's right to deliver a bill and, if unpaid, to proceed...

Court Disposition

Application allowed; dismissal of Bill of Costs set aside; Bill reinstated for taxation before a different Taxing Officer; costs awarded to the Advocate.

Orders

  • The dismissal on 15th June 2012 of the Advocates/Client Bill of Costs dated 2nd April 2012 is hereby set aside.
  • The Bill of Costs dated 2nd April 2012 is reinstated and shall proceed to taxation before any other Taxing Officer other than B. M. Ekhubi (DR).