Rustam Hira Advocate v Orient Bank formerly Delphis Bank [2016] KEHC 6511 (KLR)
- Court
- High Court of Kenya
- Case number
- 6511
- Citation
- [2016] KEHC 6511 (KLR)
- Decided
- 12 February 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent filed a preliminary objection and a replying affidavit to oppose the motion.CoramJ. K. SERGON
Holding
The application is premature and the suit is not time barred. The application is dismissed with costs.
Facts
The applicant, Rustam Hira Advocate, sought a judgment in the sum of Kshs 26,353,550/= and interest at 14% per annum from 7th February 2005. The respondent, Orient Bank formerly Delphis Bank, filed a preliminary objection and a replying affidavit.
Issues
- Whether the application is brought contrary to the provisions of section 51(2) of the Advocates Act
- Whether the application is prematurely brought prior to the conclusion of the reference
- Whether the application is time barred contrary to section 4(1) of the Limitations of Actions Act
- Whether the applicant is guilty of laches
- Whether there is a valid Certificate of Taxation
- Whether the suit should be stayed until the hearing of High Court Civil Suit Number 489 of 2005
Reasoning
The respondent's reference over the taxation has not been heard and determined by the court as provided for by Rule 11 of the Advocates Remuneration Order. The applicant's application is premature.
Outcome
The application is dismissed with costs.
Orders
- An order to stay further proceedings on the motion dated 13.4.2015 for a period of 90 days
Remedies
- Each party to meet its own costs
Authorities cited
Legislation (3)
- Advocates Act
- Limitations of Actions Act
- 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.
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