Tariq Khan & Associates Advocates v Mohamed Ali Yusuf Ali [2021] KEELC 4311 (KLR)
The bottom line
#The Environment and Land Court dismissed a client's attempt to overturn a taxed legal fee bill, holding that missed deadlines and missing evidence of payment sink such challenges in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether enlargement of time to file a reference against a taxation ruling should be granted
Refused - the Respondent gave no reasons for the inordinate delay of about five months and had already been accorded ample opportunity to challenge the bill
The court weighed the length of and reasons for delay, the chances of success of the reference and prejudice. The Respondent filed submissions on the taxation date and in the wrong file, requested no reasons on the record, and produced no evidence of the alleged Kshs. 5,000,000 payment. The discretion was therefore not deserved.
Whether the two bills of costs should be consolidated and taxed as one
Refused - the consolidation question had already been determined by the taxing master, whose order striking out the consolidation application was not appealed
The Respondent's application for consolidation had been struck out by the taxing master. Absent an appeal against that order, the court could not revisit the same issue, and the duplication claim was an attempt to circumvent the taxing master's decision.
Whether the claimed Kshs. 5,000,000 global payment should be taken into account in settling accounts
Refused - the claim was unsupported by any documentary evidence such as cheques or bank statements
The Respondent deponed to a negotiated global payment but annexed no proof, and there was no evidence of any agreement on a global sum. The court could not act on bare assertion in setting off sums against the taxed costs.
Legal principles established
#- An aggrieved party objecting to a taxing officer's decision must give notice of objection within 14 days under Rule 11 of the Advocates Remuneration Order, and unexplained inordinate delay disentitles the party to enlargement of time
- A party seeking to challenge a taxation must demonstrate the grounds of objection and support them with evidence; failure to participate in the taxation cannot be cured on reference
Court orders
#- 1.The orders sought in the application dated 14/5/2019 are declined
- 2.The Applicant is granted the costs of the application
- Jurisdiction invoked
- Inherent jurisdiction over advocate-client taxation under the Advocates Act and Advocates Remuneration Order (Rule 11)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tariq Khan & Associates Advocates v Mohamed Ali Yusuf Ali [2021] KEELC 4311 (KLR)", Case Analysis (2021). Miscellaneous Application (advocate-client bill of costs; applications Nos. 79 and 80 of 2019 referred to). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4311/eng@2021-02-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.