Kenya Case Law

Christine James Kioko (suing a legal Representative of the estate of James Mutinda Kioko (Deceased) v J. A Makau & Co & Advocates

Christine James Kioko (suing a legal Representative of the estate of James Mutinda Kioko (Deceased) v J. A Makau & Co & Advocates [2021] KEHC 6980 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 82 of 2020

Judge

BC Koech

The court found that the respondent, as advocate, was entitled to file a bill of costs for services rendered to the applicant up to the point of cessation, as the advocate/client relationship existed and the primary suit had been concluded, save for execution. The court held that the bill of costs was properly before the court, having been filed as a miscellaneous cause and not as a suit for recovery of costs, thus complying with section 48 of the Advocates Act and Rule 13(3) of the Advocates Remuneration Order. The applicant, as legal representative of the estate, was properly sued, and her…

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• Advocate Client Costs
• Taxation Of Costs
• Contingency Fee Agreements
• Legal Representative Liability

Margaret Wairimu Magugu v Machira and Company Advocates & Arthur Kinyanjui Magugu

Margaret Wairimu Magugu v Machira and Company Advocates & Arthur Kinyanjui Magugu [2019] KEHC 12150 (KLR)

Court

High Court

Case number

Civil Case 150 of 2001

The court found that the applicant, as the legal representative of the deceased's estate, was under a statutory duty to settle all lawful debts of the deceased before distributing the estate. The applicant failed to provide evidence that the attached household goods were her exclusive property and not part of the estate. The goods were found in the family home and, absent proof to the contrary, were presumed to be jointly owned or estate property. The court further held that the applicant's failure to settle the decretal sum, despite long-standing knowledge of the debt, constituted a breach o…

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• Execution Of Decrees
• Estate Administration
• Attachment Of Property
• Legal Representative Liability

David K. Charles v Patrick Kithore Kirimania

David K. Charles v Patrick Kithore Kirimania [2017] KEHC 1938 (KLR)

Court

High Court

Case number

Civil Appeal 234 of 2013

Judge

F Gikonyo

High Court appeal on execution against a deceased person's legal representative. The court held the appellant's property could be attached after he failed to account for estate property.

• Execution Of Decree
• Legal Representative Liability
• Attachment And Sale Of Property
• Estate Administration
• Execution-of-decree
• Legal-representative-liability