Shah and Parekh v Kenindia Assurance Company Limited (Miscellaneous Civil Application 492 of 2018) [2022] KEHC 14775 (KLR) (Civ) (28 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14775
- Citation
- [2022] KEHC 14775 (KLR)
- Decided
- 28 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent seeks to abandon right to file notice of objection and reference, applicant seeks to proceed with costs as taxedCoramCW MEOLI, NCA
Holding
Court allows applicant's motion with costs, renders respondent's motion moot
Facts
Applicant brought suit to recover professional fees from respondent. Respondent sought to enlarge time to file a reference, which was granted. Applicant seeks to proceed with costs as taxed.
Issues
- Whether respondent has abandoned its right to file a notice of objection and reference
- Whether court should intervene in respondent's inaction
Reasoning
Court finds respondent's inaction speaks louder than intent to challenge costs, and intervenes to allow applicant's motion.
Outcome
Motion allowed with costs
Orders
- Respondent's motion is rendered moot
Remedies
- Allowance of applicant's motion with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Abok James Odera T/A A.J Odera & Associates v John Patrick Machira T/A Machira & Co. Advocates [2013] eKLR
- Nicholas Kiptoo Korir Arap Salat v IEBC and 7 Others [2014] eKLR
- Katuturi's 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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