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Court orders two firms to pay city lawyer Nyachoti Sh1m legal fee

Court orders two firms to pay city lawyer Nyachoti Sh1m legal fee
Court hammer. PHOTO/Courtesy
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Two firms have suffered a major blow after the High Court ordered them to pay over Sh1 million as legal fee to city lawyer Philip Nyachoti.

Justice Alfred Mabeya entered a judgment in favor of lawyer Philip Nyachoti compelling Metro Petroleum Tanzania limited and Premium Petroleum company limited to pay Sh1,056,229 as certificate of tax for instructions given to him to oppose proceedings for adoption of a foreign judgment rendered by the High Court of Tanzanian.

“Accordingly, I find the applicant!( Nyachoti & Company Advocates) merited. I allow the application and enter judgment for the applicant in terms of certificate taxation dated July 2,2018 together with cost of the application. A decree shall issue accordingly, ” ordered Judge Mabeya.

Justice Mabeya he said that he was certified that Metro Petroleum Tanzania limited, Florence Chepkoech, Bill Kipsang Rotich and Premium Petroleum company limited failed to discharge the burden upon them that the monies had been paid and received by the Nyachoti law firm.

“It was not enough for the respondents to allege that the cash payment done was with the monies withdrawn via cheque from his personal account,” said the judge.

The judgement comes after Lawyer Nyachoti moved to the High Court seeking to have Metro Petroleum Tanzania limited, Florence Chepkoech, Bill Kipsang Rotich and Premium Petroleum company limited pay Sh. 1,056,229 as per the certificate of taxation dated December 16,2020.

Lawyer Nyachoti argued that that his bill dated August 2,2018 was taxed on December 4,2020 at Sh 1,056,229 where certificate of taxation of the said amount was subsequently issued on December 16, 2020 and the same has not been review, set aside or valid.

The lawyer argued that there was no dispute between them on retainer for the bill.

Kipsang however opposed the application by Nyachoti law firm contending that they had given instructions to him to oppose the proceedings for adoption of a foreign judgment rendered by Tanzania high Court.

He confirmed that lawyer Nyachoti filed the bill of cost which was duly taxes at Sh. 1,056,229 vide a ruling of December 4,2020.

They contended that the amount claimed and accessed by the taxing master had already been paid to the law firm.

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