RATEMO OIRA & CO. ADVOCATES v ELDORET EXPRESS CO. LTD [2009] KEHC 248 (KLR)
- Court
- High Court of Kenya
- Case number
- 248
- Citation
- [2009] KEHC 248 (KLR)
- Decided
- 14 December 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPosturePreliminary objection to application for judgment in taxationCoramW. OUKO
Holding
The preliminary objection is overruled with costs to the applicant. The application may now be listed for hearing on a priority basis.
Facts
The applicant seeks judgment in the sum of Kshs.235,089/= as taxed (with interest) against the respondent. The objection raised is that the court lacks jurisdiction to entertain the application as judgment can only be entered by the taxing officer.
Issues
- Whether the High Court can entertain an application under section 51(2) of the Advocates Act
- Definition of 'court' in the Advocates Act
Reasoning
The court considers the objection and the authority cited, concluding that the High Court can entertain an application under section 51(2) of the Advocates Act, as the word 'court' in the Advocates Act refers to the High Court.
Outcome
Preliminary objection overruled
Orders
- Application may now be listed for hearing on a priority basis
Authorities cited
Legislation (1)
- Advocates Act
Cases cited (1)
- Kalonzo Musyoka & Paul M. Wambua (Practising as Musyoka & Wambua, Advocates) Vs. Rustam Hira, Advocates H.C.Misc. Appl. No.444/2004
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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