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Wambua Musembi & Co Advocates v Michael Mudogo [2021] KEELRC 1006 (KLR)

[2021] KEELRC 1006 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1006
Citation
[2021] KEELRC 1006 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Extension of Time and Reassessment of CostsPostureApplication grantedCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The application is granted, the reference is deemed to be properly before the court, and the parties are given time to file submissions on the reference.

Facts

The applicant filed an application seeking to extend time for filing the reference, set aside the taxing officer's ruling, and reassess the fees due to the applicant. The respondent argued that the taxing master's decision was sound and that the applicant was not vigilant in following up the bill of costs.

Issues

  1. Extension of time for filing the reference
  2. Set aside the taxing officer's ruling
  3. Reassess the fees due to the applicant

Reasoning

The court found that the applicant was prejudiced as a ruling was delivered in their absence, and allowed the application to file a reference of time.

Outcome

Application granted

Orders

  • The reference is deemed to be properly before the court
  • The parties are given time to file submissions on the reference

Remedies

  • Reassessment of fees due to the applicant

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Advocates Remuneration Order
Cases cited (2)
  • Lucy Waithera & 2 others –v- Edwin Njagi t/a Njagi and co adsvocates [2017] eklr
  • Premchand Raichand Ltd & Another –v- Quarry service East Africa ltd and another [1972] EA 162
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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