Anti-Counterfeit Agency v Sherman Nyongesa & Mutubia Advocates (Environment and Land Miscellaneous Application E046 of 2022) [2024] KEELC 1016 (KLR) (28 February 2024) (Ruling)

Neutral citation: [2024] KEELC 1016 (KLR)

REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MOMBASA
ENVIRONMENT AND LAND MISCELLANEOUS APPLICATION E046 OF 2022
NA MATHEKA, J
FEBRUARY 28, 2024

BETWEEN
ANTI-COUNTERFEIT AGENCY .......................................................... APPLICANT
AND
SHERMAN NYONGESA & MUTUBIA ADVOCATES ................... RESPONDENT

RULING

1. The application is dated 26th April 2023 and is brought pursuant to Paragraph 11(2) of the Advocates Remuneration, 2009 seeking the following orders that;

1. The Ruling and Taxation made on the 12th April 2023 herein be reviewed and overturned in their entirety.
2. The Bill of Costs dated 27th June 2022 be struck out with costs.
3. The costs of this Reference be borne by the Respondent firm of Advocates.

2. It is based upon the following grounds that in respect of the entire Bill of Costs, the Respondent law firm herein had no locus standi to present the same as there is no Advocate-Client relationship with the Applicant. That in respect of the entire Bill of Costs, the Respondent law firm was not a party to the lease agreement and consequently no privity of contract existed or exists between the Respondent law firm and the Applicant.

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