Case law
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Division and case type: High Court DivCivil Case Miscellaneous
…The advocate /respondent filed a notice of preliminary objection dated 24/08/2023.…
…Act as read together with Paragraphs 11, 12 and 13A of the Advocates (Remuneration) Order, 2009.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Before the Court is the Advocate’s Reference dated 12th March 2026, brought under Rule 11, 61 and 62A of the Advocates Remuneration Order.…
…Advocates Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…THUO KANAI ADVOCATES…………………APPLICANT/ADVOCATE -VERSUS- CANNON ASSURANCE LIMITED..........................RESPONDENT/CLIENT RULING The applicant’s notice of motion dated 6th October 2021 seeks the following orders; This Honourable…
…The applicant has in supplementary affidavit sworn on 25th November 2024 averred that the respondent’s advocates had proposed that Miscellaneous application number 263 of 2013 be used a test suit on issue of retainer for…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…the Advocates Remuneration Order. 21. …
…On the issue of the 50% increase, the Advocate submitted that under Part B of Schedule 6 of the Advocates' Remuneration Order, an Advocate–Client Bill of Costs must be increased by 50% as a matter of law.…
Division and case type: High Court DivCivil Case Miscellaneous
…Ltd [2014] eKLR to support the proposition that an advocate is entitled to fees for services rendered to a client, and that whether the advocate ceases acting or the client terminates the engagement, the advocate is entitled…
…paragraph 7 of the Advocates (Remuneration) Order.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Section 51(2) of the Advocates Act provides for entry of judgment on taxed costs as follows; 4.…
…Rule 7 of the Advocates (Remuneration) Order provides that:- i.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…I hold that the provisions of the Civil Procedure Act cannot oust the more specific provisions of the Advocates Act which were enacted to address the issues of Advocates’ costs.…
…Under the Advocates Act, the interest may be awarded from the expiration of one month from the date when the Bill was delivered by the Advocate to the Client.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…The Advocate/Respondent filed its written submissions through Kemboy Law Advocates, and urged the court to dismiss the instant Reference. 20. …
…The Advocate/Respondent also cited the case of Havi & Company Advocates v Purma Holdings Limited & 2 Others (Misc. Civil Cause No.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In my view, the logic of |Section 46 of the Advocates Act does not extend to the issue of the assessed costs payable to the Advocates.…
…Section 46(c) of the Advocates Act is narrowly targeted.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…(519,812/50=) and the Advocate/Respondent’s Advocate-Client Bill of Costs be taxed afresh.…
…Advocates [2019] eklr.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The applicant/advocate filed Advocate/Client Bills of Costs for taxation dated 28th June 2024 against the same respondent/client in each of the two cases. In Misc.…
…and decree of the Court and the Advocate be at liberty to execute. 45.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Advocates v Flamco Limited [2017] eKLR, when dealing with a similar issue held the following- “The issue whether an advocate-client relationship exists in taxation of a Bill of Costs between an advocate and his/her client…
…The Advocates Act and the Advocates Remuneration Order confer on the Taxing Officer jurisdiction to tax bills of costs between advocates and their clients (as well as between party and party in litigation) so as to determine…
Division and case type: High Court DivCivil Case Miscellaneous
…THAT being an Advocate Client Bill of costs, 5% withholding tax and 2% VAT has to be deducted as required by law. 3.…
…An Advocate is entitled to interest on the amount taxed on an Advocate/client Bill of Costs.…
Division and case type: High Court DivCivil Case Miscellaneous
…THAT being an Advocate Client Bill of costs, 5% withholding tax and 2% VAT has to be deducted as required by law. 3.…
…An Advocate is entitled to interest on the amount taxed on an Advocate/client Bill of Costs.…
Division and case type: High Court CivilCivil Case Miscellaneous
…It is opposed by the Advocates through the affidavits of their advocates Esther Nzewa Kiuluku, sworn on 10.05.2023 and Maureen Cheruiyot sworn on 25.10.2023.…
…receipt for the payment by the Advocates or even an acknowledgement from the Advocates.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petitions Miscellaneous
…under section 45 of the Advocates Act. 22.…
…The Applicant further argues that Rule 8 of the Advocates (Practice) Rules does not impose an absolute prohibition against an advocate swearing an affidavit in proceedings in which the advocate acts .…
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: High Court Commercial and TaxCommercial Miscellaneous
…Kere, Advocate, sworn on 8th December 2023 in support of the application, the Advocate asserts that the firm offered professional legal services to the Respondent between 12th September 2014 and 25th October 2022 in connection…
…The Advocates relied on the provisions of Section 51(2) of the Advocates Act Cap 16 (Laws of Kenya) which empowers the court to enter judgment on taxed costs in favour of an advocate as against the Client/Respondent.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…In opposition thereto, the respondent filed a replying affidavit sworn on 12th January, 2024 by Eugene Lubale Lubullelah, an Advocate of the High Court of Kenya and learned Counsel for the respondent. 3.…
…He relied on the decisions in Matiri Mburu & Chepkemboi Advocates v Occidental Insurance Company Limited [2017] eKLR and Ufundi Co-operative Savings and Credit Society v Njeri Onyango & Company Advocates [2015] eKLR, and…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…E626 OF 2021 LUBULLELAH & ASSOCIATES ADVOCATES….…….ADVOCATE/ RESPONDENT VERSUS ISAAC’S INVESTMENTS COMPANY LTD ………... CLIENT/APPLICANT RULING 1.…
…Respondent/Advocate’s submissions. 12. Mr.…