Ransley, Mcvicker & Shaw Advocates v Sharad Dhayabhahi Patel & another [2018] KEHC 4243 (KLR)
- Court
- High Court of Kenya
- Case number
- 4243
- Citation
- [2018] KEHC 4243 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant opposed Preliminary ObjectionCoramV- MBA
Holding
The Preliminary Objection is dismissed as it involves factual matters that require evidence to be presented.
Facts
The Applicant, Ransley, McVicker & Shaw Advocates, filed a Notice of Preliminary Objection to the proceedings of Taxation of the Advocate/client Bill of costs. The Objection was based on the grounds that the 1st and 2nd Respondents, Sharad Dhayabhahi Patel and Lalitaben Sharad Patel, never gave instructions to the firm for restructuring of Tricon International Limited.
Issues
- Whether the 1st and 2nd Respondents gave instructions to the Applicant for restructuring of Tricon International Limited.
- Whether the 2nd Respondent is a shareholder or director of Tricon International Limited.
Reasoning
The court found that the grounds for the Preliminary Objection do not involve strict points of law but rather involve matters of fact that would require evidence to prove or disprove.
Outcome
Preliminary Objection dismissed
Orders
- Preliminary Objection dismissed in its entirety
Authorities cited
Cases cited (3)
- MUKISA BISCUIT COMPANY –VS- WEST END DISTRIBUTORS LTD (1969) E.A 700
- ORARO –V- MBAJA [2005] KLR
- MUMMA KALUMA –VS- SHACHIN SHAH [2013] eKLR
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.
Loading judgment…