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Local Authorities Provident Fund v Joseph Njogu Gathu & another [2016] KEHC 7348 (KLR)

[2016] KEHC 7348 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7348
Citation
[2016] KEHC 7348 (KLR)
Decided
17 February 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing the appeal with costsCoramBelgor, Law, Ngaah
Holding

The preliminary objection filed by the appellants was dismissed with costs

Facts

The appellants' appeal was dismissed with costs on July 10, 2015, by Ngaah J. No appeal or review has been preferred against this decision. The first respondent filed a bill of costs on July 22, 2015, and served a notice of taxation on the appellants' advocates on September 3, 2015.

Issues

  1. Whether the appellants are liable for costs
  2. Whether the taxation of the bill of costs is in accordance with the Local Authorities Provident Fund Act

Reasoning

The court found that the preliminary objection lacked merit and was an abuse of the court process.

Outcome

Appeal dismissed with costs

Orders

  • Right of appeal 30 days

Authorities cited

Legislation (1)
  • Cap 272, Laws of Kenya
Cases cited (1)
  • Ndaeyo v. Ogunnaya (1977) 1 SC 11; Chacharos v. Ekimpex Ltd. (1988) 1 NWLR (Pt.68) 88; Oloba v. Akereja (1988) 3 NWLR (Pt. 84) 508; Bakere v. Attorney General of the Federation (1990) 5 NWLR (Pt. 152) 516; Jeric (Nigeria) Ltd v. Union Bank of Nigeria Plc. (2000) 15 NWLR (Pt. 691) 447; (1992) 5 NWLR (Pt. 244) 675 at 693
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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