M/S CYRIL WAYONGO ADVOCATE T/A WAYONGO & CO. ADVOCATE V AGRICULTURAL FINANCE CORPORATION [2012] KEHC 697 (KLR)
- Court
- High Court of Kenya
- Case number
- 697
- Citation
- [2012] KEHC 697 (KLR)
- Decided
- 31 October 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent filed Chamber Summons seeking to stay taxation of bill of costs and dismiss the bill of costs filed by the ApplicantCoramM. K. Ibrahim, F. Azangalala
Holding
The court holds that it has no jurisdiction to entertain the application and dismisses it with costs
Facts
Respondent filed Chamber Summons dated 10th November, 2008, supported by the affidavit of one Rose Ochanda, the Respondent/Applicant’s Corporation Secretary. The prayers sought were to stay taxation of the bill of costs and to dismiss the bill of costs filed by the Applicant.
Issues
- Whether the court has jurisdiction to deal with the matter which touches on the taxation of a bill of costs by an advocate
- Whether the court has jurisdiction to entertain the application
Reasoning
The court ruled that the jurisdiction to determine costs is vested upon the taxing master, and the court has no jurisdiction to stay proceedings before the taxing master. The court cited Fulchand M Shah v. Panachand J. Shah & 6 others (2010) eKLR and Sharma v. Uhuru Highway Development Ltd (2001) 2 E.A 530 for support.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Cases cited (2)
- Fulchand M Shah v. Panachand J. Shah & 6 others (2010) eKLR
- Sharma v. Uhuru Highway Development Ltd (2001) 2 E.A 530
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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