[2023] KEHC 27055 (KLR)

[2023] KEHC 27055 (KLR)

The court determined that it could not justly resolve the application to set aside the taxation of the Advocate and Client Bill of Costs without having sight of the original court file in Busia HCSC No. 77 of 2015. The absence of the file precludes a fair and informed decision on the merits of the application....

Source-derived case information.

Citation
[2023] KEHC 27055 (KLR)
Parties
Applicant: Oye Ashioya P/A Ashioya & Company, Advocates; Respondent: Joseph Barasa Odaka
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Miscellaneous Application E029 of 2022
Procedural Posture
Miscellaneous Application / Interlocutory Ruling; Application to Set Aside Taxation of Advocate Client Bill of Costs
Outcome
Ruling deferred; directions issued for production of original court file.
Judges
WM Musyoka
Legal Topics
Taxation of Costs, Advocate Client Bill, Setting Aside Orders
Source Language
en
Civil Procedure Taxation of Costs Advocate Client Bill Setting Aside Orders

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Summary, issues, holding and outcome

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Parties

Oye Ashioya P/A Ashioya & Company, Advocates

Applicant

Joseph Barasa Odaka

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling; Application to Set Aside Taxation of Advocate Client Bill of Costs

Legal Issues

  1. 1 Whether the taxation of the Advocate and Client Bill of Costs dated 27th June 2022 should be set aside.
  2. 2 Whether the court can determine the application without access to the original court file in Busia HCSC No. 77 of 2015.

Ratio Decidendi

The court determined that it could not justly resolve the application to set aside the taxation of the Advocate and Client Bill of Costs without having sight of the original court file in Busia HCSC No. 77 of 2015. The absence of the file precludes a fair and informed decision on the merits of the application. Therefore, the court deferred its ruling and directed the Deputy Registrar to make the relevant file available before proceeding further.

Court Disposition

Ruling deferred; directions issued for production of original court file.

Orders

  • The Deputy Registrar is directed to make the file in Busia HCSC No. 77 of 2015 available.
  • Ruling on the application is deferred to a date in the new term.