Singh Gitau Advocates v City Finance Bank Limited [2020] KEELC 522 (KLR)
The bottom line
#Kenya's High Court confirmed advocates cannot use review to fix their own drafting mistakes: interest on taxed costs runs from certification, not from when the bill was filed.
What this practically means
#Executive summary
#Key legal issues
#Whether there was an error apparent on the face of the record to warrant review under Order 45 rule 1
No; the court's award of interest from the date of certification of the taxed costs was correct and not an error warranting review
The applicant conceded that in the earlier application he erroneously sought interest from 12th January 2017 rather than 25th March 2013. The court, relying on Muyodi vs ICDC as cited in Francis Njoroge vs Stephen Maina Kamere, found that interest awarded from the date the Deputy Registrar certified the costs was correct. A mistake in the applicant's own application does not constitute an error on the face of the record of the impugned judgment.
Whether discovery of new and important matter or other sufficient reason justified review, including the setoff claim
No; the existence of HCCC No. 279 of 2013 and the possibility of setoff were known to the advocate since 2013 and were never raised during taxation
The respondent instituted HCCC 279 of 2013 for rental arrears against the advocate, who was aware of it since 2013. The matter therefore did not qualify as newly discovered matter under Order 45 rule 1, and the advocate had raised no setoff at any point during the taxation proceedings.
Legal principles established
#- Interest on taxed advocate-client costs runs from the date the Deputy Registrar certifies the costs after taxation, and failure to award earlier interest is not an error apparent on the face of the record warranting review
Court orders
#- 1.The notice of motion dated 26th August 2019 is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Section 7 of the Advocates Remuneration Order; Sections 1A, 1B, 3A, 26 and 80 of the Civil Procedure Act; Order 45 rules 1 and 2 and Order 51 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Singh Gitau Advocates v City Finance Bank Limited [2020] KEELC 522 (KLR)", Case Analysis (2020). Notice of Motion dated 26th August 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/522/eng@2020-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.