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DALY & FIGGIS & CO. ADVOCATES V KARUTURU NETWORKS & ANOTHER [2009] KEHC 2186 (KLR)

[2009] KEHC 2186 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2186
Citation
[2009] KEHC 2186 (KLR)
Decided
22 July 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal dismissedCoramL. Kimaru
Holding

The respondents have no competent appeal pending before the court and the application seeking to stay the taxation lacks merit.

Facts

The applicant and respondents had an advocate-client relationship and filed a bill of costs. The respondents sought to strike out the bill of costs and later applied to stay its taxation pending an appeal.

Issues

  1. Whether the respondents have lodged a competent appeal pending determination before the court.
  2. Whether the respondents can stay the taxation of the advocate-client bill of costs pending the hearing of such appeal.

Reasoning

The respondents' appeal is not contemplated by the Advocates Remuneration Order and is therefore incompetent and a nullity in law.

Outcome

Application dismissed with costs

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Advocates Act
  • Advocates (Remuneration) Order
Cases cited (1)
  • Donholm Rahisi Stores (supra)
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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