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Nyamogo & Nyamogo v Bernard Wachira Gaita [2005] KEHC 1206 (KLR)

[2005] KEHC 1206 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1206
Citation
[2005] KEHC 1206 (KLR)
Decided
1 August 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMisc ApplicationPostureApplication Struck OutCoramL NJAGI
Holding

Application is incompetent and is struck out.

Facts

Application was made by way of a chamber summons ex parte against a decision of the taxing officer. The application was brought under Paragraph 11(2) and (3) of the Advocates Remuneration Order.

Issues

  1. Application Ex Parte
  2. Procedure for Objecting to Taxing Officer's Decision

Reasoning

Application cannot proceed ex parte as the relevant rule obligates the application to be 'served on all the parties concerned'. This procedure has not been observed.

Outcome

Application Struck Out

Orders

  • Leave to Appeal Granted

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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