BY SAM ALFAN.
Veteran lawyer Philip Nyachoti has won a Sh1 million fee against a company which claimed it had already paid him.
High Court judge Alfred Mabeya said Metro Petroleum Tanzania limited and Premium Petroleum company limited failed to prove that Nyachoti was paid for the job be performed.
The judge directed the firms to pay Sh. 1,056,229 for instructing him to oppose proceedings before the High Court 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.
The Judge said that he was satisfied that Metro Petroleum Tanzania limited, Florence Chepkoech, Bill Kipsang Rotich and Premium Petroleum company limited failed to discharge the burden by showing that the fee was paid and received by the Nyachoti’s 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“It was not enough for the respondents to allege that the cash payment done was with the monies withdrawn via cheque from his personal account,” said the judge.
Nyachoti had taxed the companies a bill of Sh1.056 million and a certificate issued on December 16, 2020.
Lawyer Nyachoti argued that the certificate had not been reviewed, set aside or invalidated.
The lawyer argued that there was no dispute between them on retainer for the bill.
Kipsang however opposed the application contending that the amount claimed and assessed by the taxing master had already been paid to the law firm.
He admitted giving instructions to the advocate to oppose the proceedings for adoption of a foreign judgment rendered by the High Court, Tanzania.
