Simon Mara Khate v Annet Mulamasi & Co. Advocates [2019] KECA 1057 (KLR)
- Court
- Court of Appeal
- Case number
- 1057
- Citation
- [2019] KECA 1057 (KLR)
The appeal is dismissed with costs as the appellate jurisdiction of the Court of Appeal has not been properly invoked and the notice of appeal is defective.
Facts
The appellant, Simon Mara Khate, is aggrieved by the Deputy Registrar's decision to tax the advocate's client bill of costs in three cases (Bungoma HCC No. 74 of 2010, Bungoma HCC No. 8 of 2012, and Kimilili SRMCC No. 73 of 2011) at Kshs.120,370/=, Kshs.63,095/=, and Kshs.20,745/= respectively. The appellant sought a review of the taxation but the application was dismissed with costs. The respondent filed a supplementary bill of costs and the Deputy Registrar taxed it at Kshs.20,745/=. The appellant then appealed the Deputy Registrar's decision.
Issues
- Appellate jurisdiction of the Court of Appeal
- Proper invocation of the appellate jurisdiction
- Defective notice of appeal
Reasoning
The Court of Appeal found that the appellant did not properly invoke the appellate jurisdiction of the Court of Appeal and that the notice of appeal was filed out of time. The Court also noted that the appellant did not seek leave to appeal to the Court of Appeal.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (1)
- Advocates Remuneration Order
Loading judgment…