DALY & FIGGIS & CO. ADVOCATES v KARUTURU NETWORKS LTD & another [2009] KEHC 3402 (KLR)
- Court
- High Court of Kenya
- Case number
- 3402
- Citation
- [2009] KEHC 3402 (KLR)
- Decided
- 22 July 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from a decision of a taxing officerCoramL. Kimaru
Holding
The respondents' application seeking to stay the taxation of the advocate-client bill of costs is dismissed with costs to the applicant.
Facts
The applicant and the 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
- Whether the respondents have lodged a competent appeal pending determination before the court
- Whether the court has jurisdiction to hear and determine the application seeking to stay the taxation of the advocate-client bill of costs
Reasoning
The court held that the respondents' appeal is not contemplated by the Advocates Remuneration Order and is therefore incompetent and a nullity in law.
Outcome
Appeal dismissed
Orders
- Application seeking to stay the taxation of the advocate-client bill of costs dismissed
Remedies
- Costs to the applicant
Authorities cited
Legislation (3)
- Advocates Act
- Civil Procedure Act
- Advocates (Remuneration) Order
Cases cited (2)
- ra and Co. Advocates vs Magugu [2002] 2 EA 428
- Donholm Rahisi Stores (suing as a Firm) vs East Africa Portland Cement Limited [2005] eKLR
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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