Estate of the late Eustas Douglas Amayamu (trading as D.M. Amayamu & Co. Advocates) v Trans-National Bank Ltd
The bottom line
#Kenya's High Court ruled a bank should not pay a deceased advocate's estate extra fees when it had already paid enough to cover the work actually done.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing master erred in taxing fees and only subtracting amounts already paid
Yes - having found the advocate was paid sums commensurate with the work done, the taxing master should have declined any further payment, since the bank paid other advocates to complete the suits
The Deputy Registrar found the bank paid the firm Shs.396,500/= across the files, undisputed on reference. The advocate filed suits but took no serious further steps; some suits were dismissed for want of prosecution and the bank engaged and paid other advocates. Ordering further payment meant the bank paid twice per suit, which was unjust.
Which version of the Advocates (Remuneration) Order applied
The 1993 Order applied because the suits were filed in 1996, before the 1997 amendments
The court upheld the taxing master's use of the 1993 Advocates Remuneration Order since the instruction and filing of suits predated the 1997 amendments; this finding was not disturbed.
Legal principles established
#- Where an advocate has already been paid sums commensurate with the work actually done, the taxing master should decline to order further payment
- The applicable Remuneration Order version is the one in force when the suits were filed
Court orders
#- 1.The reference is allowed
- 2.The ruling on taxation delivered by the taxing master on 17th January 2006 is set aside
- 3.As agreed by counsel, the ruling applies to Misc. Appl. Nos. 133-142 of 2005
- 4.Each party to bear its/her own costs
- On appeal from
- High Court of Kenya (Taxing Master/Deputy Registrar, Eldoret)
- Jurisdiction invoked
- Paragraph 11 of the Advocates (Remuneration) Order (reference against a taxing master's decision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Estate of the late Eustas Douglas Amayamu (trading as D.M. Amayamu & Co. Advocates) v Trans-National Bank Ltd", Case Analysis (2008). Eldoret Miscellaneous Application No. 133 of 2005 (with consent applying to Misc. Applications Nos. 133-141 of 2005; ruling stated to apply to Nos. 133-142 of 2005). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.