Ntemi Limited v Claudio (Environment & Land Case 82 of 2020) [2023] KEELC 16398 (KLR) (16 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16398
- Citation
- [2023] KEELC 16398 (KLR)
- Decided
- 16 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTaxation DisputePostureAppeal from a previous rulingCoramOGUTTU MBOYA
Holding
The reference is fundamentally defective, incompetent, and stillborn.
Facts
Ntemi Limited filed a suit against Joseph K Claudio regarding a parcel of land. The suit was withdrawn, and the taxing officer issued a ruling on the bill of costs. Ntemi Limited then filed a reference challenging the ruling.
Issues
- Whether the reference is competent or otherwise
- Whether the court is seized of the requisite jurisdiction
Reasoning
The reference was filed without a Notice of Objection to Taxation, which was required by Rule 11(1) of the Advocates Remuneration Order. The court found that the Applicant did not seek an extension of time to file the Notice.
Outcome
The reference is struck with costs to the Respondent.
Orders
- Struck with Costs to the Respondent
Authorities cited
Legislation (1)
- Advocates Remuneration Order
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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