Peter Kipkoech Beisoi v Jonah Kipngeno Sitieney [2020] KEELC 3172 (KLR)
- Court
- Environment & Land Court
- Case number
- 3172
- Citation
- [2020] KEELC 3172 (KLR)
- Decided
- 5 February 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of orders and re-taxation of bill of costs dismissedCoramJ.M ONYANGO, ANTONY KANIARU
Holding
The Preliminary Objection is upheld and the Plaintiff's application is dismissed with costs.
Facts
The Plaintiff filed a Chamber Summons application challenging the taxation of the Defendant's bill of costs. The Defendant filed a Preliminary Objection.
Issues
- Whether the reference filed by the Plaintiff is incompetent
- Whether the Preliminary Objection ought to be upheld
Reasoning
The Plaintiff did not file the reference within 14 days from the date when the decision was made and did not seek leave to file the reference out of time. The court dismissed the application as the Plaintiff's reference was not filed in accordance with the provisions of the Advocates (Remuneration) Order.
Outcome
Dismissed
Orders
- Preliminary Objection upheld
- Application dismissed with costs
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Mumo Matemu v Trusted Society of Human Rights Alliance & 5 Others (2013) eKLR
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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