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E. N. NG’ANG’A & CO., ADVOCATES v FLORENCE WAIRIMU MBUGUA [2008] KEHC 2744 (KLR)

[2008] KEHC 2744 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2744
Citation
[2008] KEHC 2744 (KLR)
Decided
23 January 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudgment on MotionPostureRespondent seeks to set aside judgment and review taxationCoramH. P. G. WAWERU
Holding

Judgment and orders are set aside and application is allowed to proceed inter partes

Facts

Respondent applied for set aside of judgment and review of taxation certificate, alleging non-service of pleadings and false affidavits of service.

Issues

  1. Service of pleadings and court documents
  2. Taxation of costs

Reasoning

Taxation of costs is a matter for the taxing officer, not the court. Application for set aside is allowed due to alleged non-service and alterations in the application for judgment.

Outcome

Application allowed to proceed inter partes

Orders

  • Judgment and orders set aside
  • Application to proceed inter partes

Remedies

  • Costs of the application shall be in the cause

Authorities cited

Legislation (2)
  • Advocates Act, Cap. 16
  • 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.
Full judgment 0.1 MB · PDF

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