Khalwale & Company Advocates v Devyan Food Industries Kenya Limited, Formerly, Sameer Agriculture and Livestock Co. Limited [2022] KEELRC 647 (KLR)
The bottom line
#A Kenyan court ruled a company was properly served with a bill of costs and its own payment records proved it had hired the advocate, so its challenge failed.
What this practically means
#Executive summary
#Key legal issues
#Sufficiency of service of the bill of costs and taxation notice on a corporate body
Service was duly effected in accordance with rule 12 of the ELRC (Procedure) Rules, 2016, being both physical service at the place of business and service by registered courier
Rule 12 permits service on a corporate body by leaving pleadings at a conspicuous place where it carries on business or by registered courier to the registered office. The process server left documents at the applicant's place of business as directed by the guards on duty and additionally served by registered courier. The Court therefore found no reason to doubt service, disposing of the first ground and the prayer for cross-examination of the process server.
Existence of a client-advocate relationship
The applicant's own assertions (including admission of payment of Kshs.100,000.00 to the advocates) established the client-advocate relationship, collapsing the second ground
The applicant denied instructing the respondent but its further affidavit admitted paying the respondent Kshs.100,000.00 with respect to ELRC Case No. 419 of 2014, saying only that the taxing master had not been informed. The Court held it should now be obvious that a client-advocate relationship existed. The respondent claimed the payment was for other services, but the Court held the purpose of that payment fell outside the scope of the application.
Legal principles established
#- Service of court processes on a corporate body may be effected under rule 12 of the ELRC (Procedure) Rules, 2016 by leaving documents at a conspicuous place of business or by registered courier to the registered office where officers cannot be found
Court orders
#- 1.The application dated 25.11.2021 and filed on 26.11.2021 is dismissed with costs
- Jurisdiction invoked
- Rule 11(4) of the Advocates Remuneration Order; Articles 50 and 159(1)(d) of the Constitution; sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Khalwale & Company Advocates v Devyan Food Industries Kenya Limited, Formerly, Sameer Agriculture and Livestock Co. Limited [2022] KEELRC 647 (KLR)", Case Analysis (2022). Misc Application No E032 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/647/eng@2022-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.