PETER O. NGOGE T/A O. P. NGOGE & ASSOCIATES v VIRGINIA KATHAMBI [2007] KEHC 592 (KLR)
- Court
- High Court of Kenya
- Case number
- 592
- Citation
- [2007] KEHC 592 (KLR)
- Decided
- 16 July 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of time to file Notice of Objection to taxationCoramF. AZANGALALA
Holding
The court grants the extension of time for the client to file a Notice of Objection to taxation within seven (7) days from the date of the judgment.
Facts
The taxation took place on 27.10.2006 before a Taxing Officer of the court. The client was not served with the bill of costs and the notice of taxation personally, and she only learned of the existence of the taxation after receiving the bill of costs by post.
Issues
- Whether to grant extension of time for the client to file a Notice of Objection to taxation
- Whether the client was properly served with the bill of costs and the notice of taxation
Reasoning
The court has unfettered discretion to extend time under the Advocates Remuneration Order, but the client's allegations of non-service are not proven, and the advocate has not demonstrated prejudice.
Outcome
Application allowed
Orders
- The client may give notice of objection to the decision of the taxing officer given on 27.10.2006 within seven (7) days from the date of the judgment
Remedies
- Extension of time to file Notice of Objection to taxation
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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