Uzuri Foods Limited v Mutisya (Miscellaneous Reference Application E151 of 2022) [2023] KEELRC 592 (KLR) (2 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 592
- Citation
- [2023] KEELRC 592 (KLR)
- Decided
- 2 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Reference ApplicationPostureRespondent objected to the competence of the reference on grounds of lack of formal objection against the ruling of the Taxing Master.CoramBOM MANANI
Holding
The reference is competent and the court declines to terminate the proceedings on the ground that the Applicant did not first file a notice of objection under rule 11(1) of the Advocates Remuneration Order.
Facts
The Applicant, Uzuri Foods Limited, is aggrieved by the ruling of the Taxing Master on a Bill of Costs dated 5th May 2022 arising from ELRC No. 1427 of 2016. The Respondent, Benjamin Kioko Mutisya, opposed the reference.
Issues
- Competence of the reference
- Procedural requirements for challenging a Taxing Master's decision
Reasoning
The court finds that the Taxing Master's ruling provides sufficient reasons for the decision, and declines to terminate the proceedings based on the procedural requirement of filing an objection with the Taxing Master.
Outcome
The reference is not dismissed.
Authorities cited
Legislation (2)
- Advocates Remuneration Order (ARO)
- Employment and Labour Relations Court (ELRC) Rules
Cases cited (3)
- Evans Thiga Gaturu, Advocate v Kenya Commercial Bank Limited
- Kipkorir, Tito & Kiara Advocates v Deposit Protection Fund Board
- Rogan-Kamper v Lord Grosvenor (No 3)
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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