County Government of Tana River v Miller and Company Advocates [2021] KEHC 5763 (KLR)
- Court
- High Court of Kenya
- Case number
- 5763
- Citation
- [2021] KEHC 5763 (KLR)
- Decided
- 1 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of time and stay of executionCoramHon. Justice R. Nyakundi
Holding
The Court grants the extension of time and stays the execution of the ruling.
Facts
The applicant, County Government of Tana River, filed a reference against the taxing officer's ruling on the Bill of Costs due to the advocate's illness and subsequent delay in filing the reference.
Issues
- Whether to grant an extension of time under paragraph 11(1) and (2) of the Advocates Remuneration Order
- Whether to stay the execution of the taxing officer's ruling
Reasoning
The Court exercised its discretion to grant an extension of time due to the advocate's illness and the subsequent delay, finding that the delay was not inordinate and there were sufficient reasons to justify the extension.
Outcome
The application is granted.
Orders
- Extension of time to file a reference under paragraph 11(1) and (2) of the Advocates Remuneration Order
- Stay of execution of the taxing officer's ruling
Remedies
- Extension of time to file a reference
Authorities cited
Legislation (3)
- Advocates Remuneration Order, 2014
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Paul Wanjohi Mathenge v Duncan Gichane Mathenge (2013) Eklr
- Henry Mukora Mwangi v Charles Gichina Mwangi (2004) Civil Application No. Nai 26
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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