Mwangangi and Company Advocates v Machakos County [2018] KEHC 2264 (KLR)
- Court
- High Court of Kenya
- Case number
- 2264
- Citation
- [2018] KEHC 2264 (KLR)
- Decided
- 19 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal and stay of proceedingsCoramNyamu, Nyamweya, Ringera, Waki
Holding
The application for leave to appeal is denied, and the application for stay of proceedings is dismissed with costs.
Facts
Mwangangi and Company Advocates filed a Bill of Costs against Machakos County Government, which was taxed by the Deputy Registrar. Machakos County then appealed the decision to the High Court, which set aside the Taxing Officer's decision and directed a re-taxation of the item 1 on the instructions fees.
Issues
- Whether the applicant can appeal the ruling on a reference to the Court of Appeal
- Whether the applicant can obtain a stay of proceedings pending the appeal
Reasoning
The court ruled that the applicant does not have reasonable grounds to appeal the ruling, as the court did not tax the Bill of Costs and addressed the matter adequately. The court also found that the applicant would not suffer prejudice, while the respondent would be prejudiced by the delay.
Outcome
Denied
Orders
- Application for leave to appeal is denied
- Application for stay of proceedings is dismissed with costs
Authorities cited
Legislation (2)
- Advocates (Remuneration) Order 2009
- Civil Procedure Act
Cases cited (2)
- Kenya Shell Limited vs. Kobil Petroleum Limited
- Machira T/A Machira & Company Advocates vs. Machakos County
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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