Billy Amendi & Co Advocates v Kadu & others
The bottom line
#A Kenyan court threw out a legal fees ruling made on wrong property value and re-taxed the bill, also excusing a one-month filing delay.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file a reference under rule 11 of the Advocates (Remuneration) Order
The delay of about one month was not inordinate, was explained by the Taxing Officer's late communication of reasons, and no prejudice was shown; leave to file out of time was granted.
The court applied the Salat v IEBC principles. The notice of objection was sent promptly on March 31, 2022, but the Taxing Officer only later indicated the reasons were contained in the ruling. The delay of one month was not inordinately long and no prejudice to the parties was demonstrated, so the discretion to extend time was exercised in the applicants' favour.
Whether the Taxing Master's ruling contained errors of principle warranting setting aside
Yes - the ruling adopted an incorrect subject matter value (Kshs 15,000,000 instead of the Kshs 13,500,000 in the sale agreement) and failed to consider the respondents' submissions on the advocate's lien over Kshs 4,500,000.
The Taxing Master relied on the sale agreement showing a purchase price of Kshs 13,500,000 yet taxed on a stated value of Kshs 15,000,000, an error in principle. Further, the lien issue raised in submissions would have affected the dispositive orders since fees could have been set off against retained funds; its omission was also an error in principle.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party, exercised on a case-by-case basis.
- An advocate holding client's money may exercise a lien until fees are paid, but not arbitrarily and without notifying the client of fees due.
Court orders
#- 1.The advocate-client bill of costs dated September 13, 2018 be and is hereby remitted for taxation before any taxing master other than the taxing master who taxed the aforesaid advocate-client bill of costs
- 2.The costs of the application will be in the cause
- Jurisdiction invoked
- Rule 11 of the Advocates (Remuneration) Order and sections 1A, 1B, 3 and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Billy Amendi & Co Advocates v Kadu & others", Case Analysis (2022). Environment and Land Miscellaneous Application 151 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15132/eng@2022-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.