Orenge t/a Orenge J & Associates v Nthiga (Miscellaneous Civil Application E367 & E368 of 2019 (Consolidated)) [2024] KEHC 103 (KLR) (Commercial and Tax) (11 January 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 103
- Citation
- [2024] KEHC 103 (KLR)
- Decided
- 11 January 2024
The court allows the application for a stay of execution of the ruling, finding that the Appellant filed the Notice of Objection within the requisite period and that the issues raised by the Appellant require the intervention of the court.
Facts
The Appellant, Julius Orenge, engaged Kennedy Milton Nthiga as his advocate to represent him in court. The advocate filed a Bill of Costs which was taxed on 21st March, 2021. The Appellant was dissatisfied with the Deputy Registrar's decision and filed an application for a stay of execution of the ruling.
Issues
- whether the reference/ appeal was filed within the stipulated timelines
- whether the court should stay the execution of the taxation ruling
Reasoning
The court considers the application and finds that the Appellant filed the Notice of Objection within the 14-day period allowed under the Advocates’ Remuneration Order. The court also notes the Appellant's concerns about the amount of legal fees paid and the integrity of the advocate, deciding to stay the execution of the ruling.
Outcome
The court allows the application for a stay of execution of the ruling.
Orders
- The execution of the taxing officer's orders of 21st March, 2022 be stayed pending the hearing and determination of the reference.
- Each party to bear their own costs of the Application.
- The amount paid to the advocate to be determined during the hearing of the reference.
Authorities cited
Legislation (3)
- Advocates' Remuneration Order
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- First American Bank of Kenya Vs Shah and Others [2002] E.A.L.R 64 AT 69
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