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Kimeto & Associates Advocates v Mumias Sugar Company Limited [2018] KEHC 10263 (KLR)

[2018] KEHC 10263 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
10263
Citation
[2018] KEHC 10263 (KLR)
Decided
29 November 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent seeks leave to file a reference against taxation, while Applicant seeks judgment for taxed costs.CoramMARY KASANGO
Holding

The court grants the Respondent's application for leave to file a reference against taxation, but limits the hearing to one month.

Facts

Advocate Kimeto & Associates filed an application for taxed costs, while the Respondent Mumias Sugar Company Limited filed an application for leave to file a reference against taxation. The Respondent claimed they had inadvertently failed to instruct counsel for this matter.

Issues

  1. Whether the Respondent's application for leave to file a reference against taxation should be granted.
  2. Whether the Respondent's allegations of corruption should be considered.

Reasoning

The court finds the interest of justice served by allowing the Respondent to file a reference, but emphasizes the need for a swift resolution.

Outcome

The court grants the Respondent's application for leave to file a reference against taxation.

Orders

  • Mumias Sugar Company Limited shall file a reference to the taxation of 5th December, 2017 within 7 days from the date of this ruling.
  • The costs of the chamber summon dated 31st May 2018 are awarded to the Advocate in any case.
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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