Nyamu Nyaga & Company Advocate v Meru University of Science and Technology (Environment and Land Miscellaneous Application E048 of 2024) [2025] KEELC 1376 (KLR) (19 March 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1376
- Citation
- [2025] KEELC 1376 (KLR)
- Decided
- 19 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication Struck OutCoramBM EBOSO
Holding
The application is struck out and the applicant is directed to file and prosecute the application for adoption in the cause in which the certificate of taxation was issued.
Facts
Nyamu Nyaga & Company Advocate sought an order adopting a taxing officer's award of Kshs 62,628,920 as per the certificate of taxation dated 12/11/2024. The respondent opposed the application, citing lack of reasons from the taxing officer.
Issues
- Whether the application for adoption of the taxing officer's award should be allowed.
- Whether the application was irregular and should be struck out.
Reasoning
The court found the application irregular as it was initiated as a fresh stand-alone miscellaneous application, and the court is not seized of the record relating to the cause in which the certificate of taxation was issued.
Outcome
Application Struck Out
Orders
- The application is struck out.
- The applicant is directed to file and prosecute the application for adoption in the cause in which the certificate of taxation was issued.
Remedies
- Parties will bear their respective costs of this miscellaneous application.
Authorities cited
Legislation (2)
- Advocates Act
- 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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