Case law
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Division and case type: High Court CivilCivil Appeal
…The duty of a second Appeal was set out in the case of Otieno, Ragot & Company Advocates vs National Bank of Kenya Limited [2020] eKLR: - “This is a second appeal.…
…In the presence of: M/s Mutisya mwanzia and Ondeng company Advocates for the Appellant M/s Bennette Nzamba & company Advocates for the Respondent Court Assistant – Norah/Michael…
Division and case type: Environment and Land CourtMiscellaneous Application
…E004 OF 2022 ANYUMBA & ASSOCIATES ADVOCATES……..………………..APPLICANT VERSUS JOSEPH SAGWA…………………………………………………RESPONDENT RULING This ruling is in respect of the Notice of Motion application dated 20th June 2022 brought pursuant…
…to the provisions of Rule 13(1), (2) and (3) of the Advocates Remuneration Order and Order 51 Rule 1 of the Civil Procedure Rules 2010.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The respondent contends that the application was filed outside the timelines provided in Rule 11 of the Advocates Remuneration Rules without leave of the court hence incompetent; that the application is frivolous, scandalous…
…For that reason, the applicant’s claim that there was no retainer between herself and respondent’s firm of advocates cannot be sustained. 9.…
Division and case type: Environment and Land CourtMiscellaneous Application
…RULING The firm of advocates known as KEMBOY LAW ADVOCATES (hereinafter referred to as “the Applicant”) filed a Notice of Motion Application dated 02.05.2024 (hereinafter referred to as “the present Application”) seeking…
…The Advocate/Applicant is seeking an Interest rate of 14 per cent per annum as provided by Paragraph 7 of the Advocates Remuneration Order.…
Division and case type: Environment and Land CourtMiscellaneous Application
…application with notice to all the parties; or (b) upon a consent filed between the outgoing Advocate and the proposed incoming Advocate or party intending to act in person, as the case may be.” 9.…
…Instead, it is proffered that the former advocate got the procedure all wrong. 19. As correctly submitted by Mr.…
Division and case type: Environment and Land CourtMiscellaneous Application
…THIONG'O ADVOCATES .............................................. ADVOCATE/RESPONDENT VERSUS MAILUA ESTATES LIMITED ............................................................…
…The Respondent argues the Taxing Officer failed to apply Rule 61 of the Advocates Remuneration Order, which protects clients from costs accruing due to an Advocate's improper actions or inactions. ii. …
Division and case type: Environment and Land CourtMiscellaneous Application
…The taxation of any proceedings is first and foremost guided by the ADVOCATES (REMUNERATION) (AMENDMENT) ORDER, 2014 which is premised on the ADVOCATES ACT, CAP 16.…
…The Court’s understanding of the above provision of the Advocates (Remuneration) (Amendment) Order, 2014 is that getting up fees is actually payable to an Advocate but only if the same is certified by the Court based on the…
Division and case type: Environment and Land CourtMiscellaneous Application
…Motion application dated 16th October, 2023 brought by the Applicant pursuant to the provisions of sections 1A, 1B, 3, 3A & 63(e) of the Civil Procedure Act, Order 51 of the Civil Procedure Rules 2010 and Section 51 of the Advocates…
…The grounds upon which the application was brought are that the advocates costs in the matter were taxed at Kshs 143,821 on 12/10/2023, that to date the Respondent has failed, refused and/or declined to pay the applicant’…
Division and case type: Environment and Land CourtMiscellaneous Application
…The Advocate/Applicant is directed to serve their submissions on the issue on interest by close of business today.…
…NGENO ADVOCATES FOR THE ADVOCATE/APPLICANT: MR. KERE ADVOCATES FOR THE CLIENT/RESPONDENT: MR. MUMO H/B NGARUIYA…
Division and case type: Environment and Land CourtMiscellaneous Application
…Motion application dated 16th October, 2023 brought by the Applicant pursuant to the provisions of sections 1A, 1B, 3, 3A & 63(e) of the Civil Procedure Act, Order 51 of the Civil Procedure Rules 2010 and Section 51 of the Advocates…
…The grounds upon which the application was brought are that the advocates costs in the matter were taxed at Kshs 143,821 on 12/10/2023, that to date the Respondent has failed, refused and/or declined to pay the applicant’…
Division and case type: High Court CivilCivil Appeal
Division and case type: Environment and Land CourtMiscellaneous Application
…In his replying affidavit, the Respondent averred that the firm of Advocates which he instructed was Otieno, Ragot & Company Advocates.…
…The Respondent’s advocate maintained that there was no retainer between the Respondent and the firm of Owiti, Otieno & Ragot Advocates.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Under section 51 (2) of the Advocates Act, the Plaintiff as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
…the instructions given to an advocate as well as the fees payable thereunder.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Under section 51(2) of the Advocates Act, the Plaintiff as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
…the instructions given to an advocate as well as the fees payable thereunder.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The applicant in this miscellaneous suit is a firm of advocates (the advocate) and the respondent was its client (the client).…
…in favour of the advocate, whereby the taxing master taxed the advocate/client bill of costs at the sum of Kshs. 205,115/=.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is dated 14th June 2024 and is brought under section 51 (2) of the Advocates Act Cap. 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Order 36 Rule (1) (a) of The Civil Procedure Rules and Section…
…Under section 51 (2) of the Advocates Act. the Applicant as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The application is supported by the affidavit of Apollo Mutisya Muinde, Advocate, the Applicant herein.…
…The Applicant first filed Notice of Appointment of Advocates as Apollo Muinde & Ngunze Advocates on 21st June 2016 and filed a Notice of Change of Advocates to Apollo Muinde Advocates on 12th September 2017.…
Division and case type: Environment and Land CourtMiscellaneous Application
…APPLICATION NO. 45 OF 2019 OWITI, OTIENO & RAGOT ADVOCATES.................................APPLICANT -VERSUS- JASON M.…
…The Respondent did not object to the taxation under Paragraphs 11(1) and (2) of the Advocates Remuneration Order. The Respondent did not pay the taxed and certified costs to the Applicant.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Under section 51(2) of the Advocates Act, the Plaintiff as an Advocate has the Right to have the Judgement entered in his favor for the costs even without filing the suit for recovery.…
…the instructions given to an advocate as well as the fees payable thereunder.…
Division and case type: Environment and Land CourtMiscellaneous Application
…APPLICATION NO.E005 OF 2023 APOLLO MUINDE & PARTNERS ADVOCATES………………ADVOCATE/RESPONDENT -VERSUS- NATIONAL LAND COMMISSION……………………….... ..APPLICANT RULING 1.…
…The Advocate’s replying Affidavit. 10. Apollo Muinde, the Advocate herein, swore a replying affidavit in response to the instant application.…