[2024] KEHC 6450 (KLR)

[2024] KEHC 6450 (KLR)

The court found that the advocate/client bill of costs dated 7th March 2003 had never been prosecuted and had remained idle in the court system for over two decades. The court further noted that the claim was overtaken by the statute of limitation, rendering it stale and incapable of being revived. In the absence of...

Source-derived case information.

Citation
[2024] KEHC 6450 (KLR)
Parties
Applicant: Aboge & Company Advocates; Respondent: National Bank Of Kenya Ltd
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 49 of 2003
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Bill of Costs
Outcome
bill of costs dismissed for want of prosecution; file closed for archiving
Judges
RE Aburili
Legal Topics
Bill of Costs, Advocate Client Costs, Dismissal for Want of Prosecution
Source Language
en
Civil Procedure Bill of Costs Advocate Client Costs Dismissal for Want of Prosecution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Aboge & Company Advocates

Applicant

National Bank Of Kenya Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Advocate Client Bill of Costs

Legal Issues

  1. 1 Whether the advocate/client bill of costs should be entertained despite not being prosecuted since 2003.
  2. 2 Whether the bill of costs is overtaken by the statute of limitation.

Ratio Decidendi

The court found that the advocate/client bill of costs dated 7th March 2003 had never been prosecuted and had remained idle in the court system for over two decades. The court further noted that the claim was overtaken by the statute of limitation, rendering it stale and incapable of being revived. In the absence of any steps taken by the applicant to prosecute the bill, and in line with the principles of expeditious disposal of cases and the need to avoid abuse of court process, the court exercised its discretion to dismiss the bill for want of prosecution and ordered the file closed for archiving.

Court Disposition

bill of costs dismissed for want of prosecution; file closed for archiving

Orders

  • The advocate/client bill of costs dated 7th March 2003 is dismissed for want of prosecution.
  • The file is closed for archiving.