Josphat Kirigia Aburi v Cooperative Bank of Kenya Ltd [2020] KEELC 88 (KLR)
- Court
- Environment & Land Court
- Case number
- 88
- Citation
- [2020] KEELC 88 (KLR)
- Decided
- 28 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for enlargement of time to file objection and reference to taxation of costsCoramHon. E. Tsimonjero
Holding
The court denied the application, finding the delay in filing the reference to be inordinate and without sufficient reasons.
Facts
The applicant filed an application seeking to enlarge time to file his objection and reference to the taxation of costs, which was taxed on 9th October 2019. The applicant claimed he was aggrieved by the decision and had already complied with the provisions of Rule 11 of the Advocates (Remuneration) Order.
Issues
- Whether leave should be granted to the applicant to file his reference out of time
- Whether the provisions of Order 50 Rule 4 of the Civil Procedure Rules apply to the Remuneration Order
Reasoning
The court considered the provisions of Order 50 Rule 4 of the Civil Procedure Rules and determined that they do not apply to this case. The court found the applicant's delay to be inordinate and without sufficient reasons.
Outcome
Denied
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Advocates (Remuneration) Order
Cases cited (4)
- Leon Ojiambo Ojian & another v Lilian Mushele Wafula & another (2018) eKLR
- Philip Keipto Chemwolo & Another v Augustine Kibende (1986) eKLR
- Parmuati Oloishuru Kore v Eric Ntabo and Co. Advocates (2019) eKLR
- George Miyare t/a Atonga Miyare & Associates Advocates v Evans Gor Semelang’o (2018) 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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