Ashioya & Co Advocates v Joab Rogers Wafula [2005] KEHC 1284 (KLR)
- Court
- High Court of Kenya
- Case number
- 1284
- Citation
- [2005] KEHC 1284 (KLR)
- Decided
- 8 April 2005
The chamber summons dated 4th October, 2004 is allowed. The respondent is granted leave of 7 days to comply with the provisions of paragraph 11 (1) of the Advocates (Remuneration) Order. There be a stay of execution of recovery of taxed costs pending the filing of the intended objection pursuant to the provisions of paragraph 11(3) of the Advocates (Remuneration) Order.
Facts
Respondent filed a summons under Advocates (Remuneration) Order seeking to have time enlarged by 7 days to serve notice to the taxing officer and a stay of recovery proceedings of taxed costs. He argued it was an excusable mistake due to lack of legal advice.
Issues
- Whether the respondent is likely to suffer substantial loss if an order of stay of execution is not granted.
- Whether the respondent should deposit the sum which is not disputed.
Reasoning
The court finds the respondent likely to suffer substantial loss if an order of stay of execution is not granted. The court grants the stay of execution pending the filing of the intended objection.
Outcome
The chamber summons is allowed.
Orders
- Leave granted to the respondent to have time enlarged by 7 days to serve notice to the taxing officer.
- Stay of execution of recovery of taxed costs pending the filing of the intended objection.
Remedies
- Stay of execution of recovery of taxed costs
Authorities cited
Legislation (2)
- Advocates (Remuneration) Order
- Civil Procedure Rules
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