MS Advocates LLP v China Wu Yi (Kenya) Co. Ltd (Civil Application E461 of 2023) [2024] KECA 1403 (KLR) (11 October 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1403
- Citation
- [2024] KECA 1403 (KLR)
- Decided
- 11 October 2024
The Court allows the application for extension of time to enable the applicant to apply for leave to appeal to the Court of Appeal.
Facts
The applicant, MS Advocates LLP, sought extension of time to appeal from the High Court's ruling on taxation of the Advocate and Client Bill of Costs. The High Court found that the Deputy Registrar had no jurisdiction to tax the Bill of Costs and allowed the application but directed each party to bear its own costs.
Issues
- Whether the applicant has an automatic right of appeal to the Court of Appeal
- Whether the applicant was prevented by good reason from taking action within the prescribed time
Reasoning
The Court found that the applicant was not notified of the date of delivery of the ruling and was not aware of the ruling until 24th August 2023, which is slightly over three months after the ruling was delivered. The Court allowed the application as the applicant was candid and honest in explaining the delay.
Outcome
The Court allows the application for extension of time to appeal.
Orders
- Directs the applicant to apply for leave to appeal to the Court of Appeal within 14 days from the date of this ruling
Remedies
- Costs will abide the outcome of the intended appeal
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Advocates Remuneration Order
Cases cited (2)
- Leo Sila Mutiso v. Rose Hellen Wangari Mwangi
- Fakir Mohamed v. Joseph Mugambi & 2 Others
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