M/S Aminga, Opiyo & Masese Advocates v Herbert Ocholla Ojwang & another [2017] KEHC 2413 (KLR)
- Court
- High Court of Kenya
- Case number
- 2413
- Citation
- [2017] KEHC 2413 (KLR)
- Decided
- 6 October 2017
The court grants leave to the applicants to file an objection to the taxed bill and declines to grant the prayer to set aside the advocates' client taxed bill.
Facts
The applicants, Herbert Ocholla Ojwang, Denice Otieno Ounda, and Komola Investments, filed a motion seeking to challenge an ex parte order on taxation of their advocates' bill of costs. They argued that the order was made without their presence and that they needed more time to review the court file.
Issues
- Whether the court has discretion to enlarge time to impugn a decision on taxation
- Whether the applicants' motion should be granted leave to file an objection to the taxed bill
Reasoning
The court has the discretion to enlarge time to impugn a decision on taxation, and given the applicants' technicality in taking out the notice of motion instead of a chamber summons, it is fair to allow the prayer for leave.
Outcome
The court grants leave to the applicants to file an objection to the taxed bill.
Orders
- Leave granted to file an objection to the taxed bill
Authorities cited
Legislation (1)
- Advocates (Remuneration) Order
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