AI-generated case brief
Case Brief · caselaw.co.ke
ELCOtherNot stated in the judgment· [2019] KEELC 224 (KLR)
Julius Ngure Ngare v Michael Njagi Kathianyu [2019] KEELC 224 (KLR)
AI-assisted case brief
·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan court declined urgent status for a man's request to pay advocate fees in instalments, ordering a full hearing instead — a warning to always attend your own hearings.
What this practically means
#Executive summary
#By a notice of motion dated 20th December 2019, the defendant/applicant, Michael Njagi Kathianyu, sought certification as urgent and substantive orders arising from an advocate-client dispute with M/s A.P. Kariithi and Company Advocates. The applicant sought leave to pay a taxed bill of costs of approximately Kshs.120,000/= by monthly instalments of Kshs.10,000/= over twelve months, an injunction restraining the advocates from auctioning, selling or dealing with his properties or putting him in civil jail, and time to dispose of some of his belongings to offset the amount. In his supporting affidavit, he complained that the taxed instruction fee exceeded what had been originally agreed, that execution was imminent on short notice, and that the advocates were targeting land portions jointly worth over Kshs.10,000,000/= which might be auctioned at throwaway prices. The application came up for ex parte hearing, but the applicant did not attend court when it was slated for hearing. On 31st December 2019, P. M. Njoroge J declined to certify the matter urgent but directed that it be heard on a priority basis. The applicant was directed to serve the application on the plaintiff/respondent within fourteen days, and the application was listed for inter partes hearing before Hon. Justice Angima, the ELC Judge at Embu, on 29th January 2020. Costs were ordered to be in the cause. No authority was cited and no substantive determination was made.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application is NOT certified urgent but will be heard on priority basis
- 2.The applicant is directed to serve the application upon the plaintiff/respondent within 14 days of today
- 3.It is directed that the application be heard interpartes before Hon. Justice Angima, the ELC Judge at Embu, on 29th January, 2020
- 4.Costs shall be in the cause
- Jurisdiction invoked
- Inherent powers of the court over a notice of motion arising from an advocate-client taxed bill of costs pending in the same suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Julius Ngure Ngare v Michael Njagi Kathianyu [2019] KEELC 224 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/224/eng@2019-12-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.