Mwadumbo & Company Advocates v Rudufu Limited [2021] KEHC 6560 (KLR)
- Court
- High Court of Kenya
- Case number
- 6560
- Citation
- [2021] KEHC 6560 (KLR)
- Decided
- 21 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent sought to set aside the ex parte Taxation and costs ordersCoramRingera
Holding
The ex parte Taxation and costs orders are set aside, and the Respondent is granted leave to participate in the Taxation proceedings.
Facts
The Client/Applicant instructed the Respondent to represent them in two separate suits, but the Respondent filed an application to cease representation. The Client/Applicant then paid the Respondent for representation and sought to set aside the Taxation and costs orders.
Issues
- Service of the Bill of Costs and Taxation Notice
- Procedural correctness of the Taxation
Reasoning
The Court found that the Respondent had properly served the Bill of Costs and Taxation Notice, and the Applicant's failure to file a Reference as required by the Advocates Act rendered their Notice of Motion ineffective.
Outcome
The application is granted.
Orders
- Review, set aside, and/or vary the ex parte Judgment
- Grant leave to participate in the Taxation proceedings
- Set aside the ex parte Certificate of Costs
- Grant leave to the Defendant/Applicant
Remedies
- Set aside the ex parte Judgment and costs orders
- Grant leave to participate in the Taxation proceedings
- Set aside the ex parte Certificate of Costs
- Grant leave to the Defendant/Applicant
Authorities cited
Legislation (3)
- Civil Procedure Act
- Advocates Act
- Civil Procedure Rules
Cases cited (1)
- MACHIRA & COMPANY ADVOCATE –VS- ARTHUR K. MAGUGU (2012)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.
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