Steve Kithi & Co Advocates v County Government Of Mombasa (Environment and Land Miscellaneous Application 38 of 2021) [2023] KEELC 21621 (KLR) (7 November 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21621
- Citation
- [2023] KEELC 21621 (KLR)
- Decided
- 7 November 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent's objection to jurisdictionCoramLL NAIKUNI
The Court held that the objection by the Applicant does not meet the required threshold of a preliminary objection based on law and precedents.
Facts
The Applicant, Steve Kithi & Co Advocates, raised objections to the jurisdiction of the Environment and Land Court to entertain an application for the taxation of legal fees.
Issues
- Whether the objection meets the required threshold of such objections based on law and precedents.
- Whether the Court has jurisdiction on matters pertaining to tax bill of costs.
- Who will bear the costs of the objection.
Reasoning
The Court relied on various precedents to establish that a preliminary objection must be based on a pure point of law and no fact should be ascertained from elsewhere.
Outcome
The Court dismissed the objection.
Authorities cited
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