[2017] KEHC 1298 (KLR)
The court found that the applicant and respondents entered into a binding written agreement for payment of Ksh. 5,000,000 as full and final settlement of legal fees. The respondents did not controvert the applicant's sworn averments or challenge the validity of the agreement. The applicant admitted receipt of Ksh....
Source-derived case information.
- Citation
- [2017] KEHC 1298 (KLR)
- Parties
- Applicant: W.G. Wambugu & Company Advocates; Respondent: Emma Muthoni Wambaa; Respondent: Wingfred Nganga Regeru; Respondent: Catherine Nyangui Regeru; Respondent: Esther Wanja Regeru; Respondent: Stephen Kageche; Respondent: Virginia Wanjiru; Respondent: Pauline Wanjiku; Respondent: Dennis Wambaa Regeru; Respondent: Joseph Kabati Regeru; Respondent: Danson Muchugia Regeru; Respondent: Pius Waithaka Regeru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 174 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment for Agreed Fees
- Outcome
- Judgment entered for the applicant for Ksh. 4,950,000 against the respondents. Each party to bear its own costs.
- Legal Topics
- Advocate Remuneration, Fee Agreements, Entry of Judgment, Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
W.G. Wambugu & Company Advocates
Applicant
Emma Muthoni Wambaa
Respondent
Wingfred Nganga Regeru
Respondent
Catherine Nyangui Regeru
Respondent
Esther Wanja Regeru
Respondent
Stephen Kageche
Respondent
Virginia Wanjiru
Respondent
Pauline Wanjiku
Respondent
Dennis Wambaa Regeru
Respondent
Joseph Kabati Regeru
Respondent
Danson Muchugia Regeru
Respondent
Pius Waithaka Regeru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment for Agreed Fees
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for the agreed fees of Ksh. 5,000,000 less payments made.
- 2 Whether the respondents' opposition raises any valid ground to deny the applicant judgment.
- 3 Whether the applicant should have filed a bill of costs despite the fee agreement.
Ratio Decidendi
The court found that the applicant and respondents entered into a binding written agreement for payment of Ksh. 5,000,000 as full and final settlement of legal fees. The respondents did not controvert the applicant's sworn averments or challenge the validity of the agreement. The applicant admitted receipt of Ksh. 50,000, which was not previously credited. The court held that judgment should be entered for the balance of Ksh. 4,950,000. The opposition raised by the 1st respondent did not provide sufficient grounds to deny the applicant's claim, as the existence of the agreement superseded the need for a bill of costs. Each party was ordered to bear its own costs.
Court Disposition
Judgment entered for the applicant for Ksh. 4,950,000 against the respondents. Each party to bear its own costs.
Orders
- Judgment is entered in favour of the applicant for Ksh. 4,950,000 against the respondents.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL MISC APPL. NO. 174 OF 2017
IN THE MATTER OF THE ADVOCATES ACT CAP 16
AND
IN THE MATTER OF THE ADVOCATE (REMUNERATION ORDER)
W.G. WAMBUGU & COMPANY ADVOCATES........................APPLICANT
-V E R S U S –
EMMA MUTHONI WAMBAA........................................1ST RESPONDENT
WINGFRED NGANGA REGERU.................................2ND RESPONDENT
CATHERINE NYANGUI REGERU ..............................3RD RESPONDENT
ESTHER WANJA REGERU ........................................4TH RESPONDENT
STEPHEN KAGECHE .................................................5TH RESPONDENT
VIRGINIA WANJIRU ...................................................6TH RESPONDENT
PAULINE WANJIKU ....................................................7TH RESPONDENT
DENNIS WAMBAA REGERU ......................................8TH RESPONDENT
JOSEPH KABATI REGERU ........................................9TH RESPONDENT
DANSON MUCHUGIA REGERU...............................10TH RESPONDENT
PIUS WAITHAKA REGERU...................................... 11TH RESPONDENT
RULING
1)The firm of W. G. Wambugu & Co. Advocates, the applicant herein took out the motion dated 10. 4.2017 in which it sought for an order for entry of judgment in the sum of ksh.5,000,000/= in its favour and against Emma Muthoni Wambaa, Wingfred Nganga Regeru, Catherine Nyangui Regeru, Esther Wanja Regeru, Stephen Kageche, Virginia Wanjiru, Pauline Wanjiku, Dennis Wambaa Regeru, Joseph Kabati Regeru, Danson Muchugia Regeru and Pius Waithaka Regeru being the 1st – 10th respondents respectively as the agreed fees balance. The motion is supported by two affidavits sworn by Wanja Wambugu. When served Emma Muthoni Wambaa, the 1st respondent filed grounds to oppose the motion.
2) When the motion came up for interpartes hearing the respondents failed to appear hence the applicant was allowed to proceed exparte. Despite the application proceeding for hearing exparte, this court is enjoined to consider the responses filed by the respondents to resist the motion. I have considered the grounds stated on the face of the motion plus the facts deponed in the affidavits filed in support of the application. I have also considered the grounds of opposition filed by the 1st respondent. I have further considered the oral submissions made by Mrs. Wambugu, learned advocate appearing for the applicant.
3) It is the submission of the applicant that the parties herein entered into an agreement for payment of fees on 4. 11. 2013 in the sum of ksh.5,000,000/= in full and final settlement of the services rendered by the applicant in Nairobi H.C.S.C no. 2051 of 2007 in respect of the estate of Lawrence Regeru Wambaa, deceased. A copy of the agreement annexed to the affidavit of Wanja Wambugu. In her grounds of opposition the 1st respondent claimed that the applicant merely represented Winfred Nganga Regeru, the 2nd respondent in the objection proceedings. It is also alleged that the advocate made very limited appearances in court. It is further alleged that a substantial portion of the fees was paid by the 2nd respondent to the applicant.
4) The 1st respondent also claimed that the applicant should have filed her bill of costs. In response to the grounds of opposition the applicant filed a further affidavit to controvert those grounds. The applicant pointed out that parties went into negotiations giving rise to the agreement on fees when it became evident that the applicant had filed her Bill of Costs.
5) Having considered the rival arguments, I am convinced that the averments made by the applicant under oath have not been challenged nor controverted. I am convinced the parties willingly entered into a consent on fees in the sum of ksh. 5 million. The applicant however admits that she was paid ksh.50,000/= which amount she has not given credit to the respondents. Consequently judgment should be entered as prayed but less the admitted sum i.e ksh.5,000,000-50,000=4,950,000/=.
6) A fair order on costs is to direct which I hereby do, that each party meets its own costs.
Dated, Signed and Delivered in open court this 17th day of November, 2017.
J. K. SERGON
JUDGE
In the presence of:
.................................................... for the Plaintiff
.................................................for the Defendant