Wambui v Mwangi & 3 others (Civil Application 465 of 2019) [2024] KECA 248 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 248
- Citation
- [2024] KECA 248 (KLR)
- Decided
- 8 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a ruling on taxationCoramF. TUIYOTT
Holding
The appellant's reference is struck out due to late filing, while the 1st respondent's reference is upheld.
Facts
The appellant and the 1st respondent both sought to refer a taxed bill of costs to a Judge for re-assessment or review due to dissatisfaction with the original ruling. The 1st respondent's reference was upheld, while the appellant's was struck out due to late filing.
Issues
- Taxation of costs
- Late filing of reference
Reasoning
The appellant's reference was filed outside the 7-day period prescribed by Rule 117(4) of the Court of Appeal Rules, 2022, and thus is struck out. The 1st respondent's reference was timely and is upheld.
Outcome
The appellant's reference is struck out, and the 1st respondent's reference is upheld.
Orders
- The appellant's reference is struck out
- The 1st respondent's reference is upheld
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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