[2023] KEHC 21452 (KLR)
The court found that it was in the interest of justice to allow the client to file a reference challenging the bill of costs taxed by the taxing master, especially since the bill was allowed unopposed. The court determined that any prejudice to the advocate could be compensated by an award of costs. Accordingly, the...
Source-derived case information.
- Citation
- [2023] KEHC 21452 (KLR)
- Parties
- Applicant: Achola Jaoko & Company Advocates; Respondent: Lucas Odhiambo Dishon
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E294 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Reference Against Taxation
- Outcome
- Application allowed; leave granted to file reference out of time.
- Judges
- AN Ongeri
- Legal Topics
- Taxation of Costs, Leave to File Reference, Bill of Costs, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achola Jaoko & Company Advocates
Applicant
Lucas Odhiambo Dishon
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Reference Against Taxation
Legal Issues
- 1 Whether the client should be granted leave to file a reference against the taxing master’s certificate of taxation out of time.
- 2 Whether the advocate would suffer prejudice if leave is granted to the client to challenge the bill of costs.
Ratio Decidendi
The court found that it was in the interest of justice to allow the client to file a reference challenging the bill of costs taxed by the taxing master, especially since the bill was allowed unopposed. The court determined that any prejudice to the advocate could be compensated by an award of costs. Accordingly, the client was granted 30 days to file the reference and submissions, and the advocate was granted 30 days to respond upon service. The court also ordered the client to pay the costs of the application.
Court Disposition
Application allowed; leave granted to file reference out of time.
Orders
- The client is granted 30 days to file the reference and submissions.
- The advocate is granted 30 days to file submissions upon being served with the reference and submissions by the client.
Full Case Text
Judgment text and source record
26 paragraphs
Achola Jaoko & Company Advocates v Dishon (Civil Miscellaneous Application E294 of 2022) [2023] KEHC 21452 (KLR) (Civ) (14 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21452 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E294 of 2022
AN Ongeri, J
August 14, 2023
Between
Achola Jaoko & Company Advocates
Applicant
and
Lucas Odhiambo Dishon
Respondent
Ruling
1. The application coming for consideration is the one dated February 7, 2023 seeking leave to file a reference to the taxing master’s certificate of taxation issued on February 2, 2023 taxing the bill of costs dated May 19, 2023 which taxed the bill of costs at ksh 281,720/=.
2. I have considered the affidavits filed in the application together with submissions by both parties.
3. I find that it is in the interest of justice to allow the client to file the reference challenging the bill of costs.
4. There is no prejudice that the advocate will suffer that cannot be compensated by an award of costs.
5. I allow the client 30 days to file the reference together with submissions.
6. I have perused the ruling by the taxing master and it is evident that the reason the bill was allowed was that it was not opposed.
7. The advocate is also granted 30 days to file submissions upon being served with the reference and the submissions by the client.
8. This matter will be mentioned on November 1, 2023 for a ruling date.
9. The client will pay the costs of the application dated July 21, 2023.
10. Mention on November 1, 2023 for a ruling date.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 14TH DAY OF AUGUST, 2023. ………….…………….A. N. ONGERIJUDGEIn the presence of:……………………………. for the Applicant................................. for the Respondent