[2013] KEHC 2307 (KLR)
The court found that the application raised fundamental issues regarding the advocate-client relationship and the taxation of costs, which merited consideration. In the interest of justice, the court exercised its discretion to extend the time for the applicant to file a reference against the taxation. The court...
Source-derived case information.
- Citation
- [2013] KEHC 2307 (KLR)
- Parties
- Applicant: Balisharma & Balisharma Advocates; Respondent: Jane Wanyiha Gachuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 12 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Extend Time for Reference Against Taxation
- Outcome
- application allowed
- Legal Topics
- Taxation of Costs, Advocate Client Relationship, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Balisharma & Balisharma Advocates
Applicant
Jane Wanyiha Gachuki
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Extend Time for Reference Against Taxation
Legal Issues
- 1 Whether the court should extend time to file a reference against the taxation of the advocate's bill of costs.
- 2 Whether the applicant has provided sufficient grounds for the extension of time.
- 3 Whether the taxed amount should be stayed pending determination of the reference.
Ratio Decidendi
The court found that the application raised fundamental issues regarding the advocate-client relationship and the taxation of costs, which merited consideration. In the interest of justice, the court exercised its discretion to extend the time for the applicant to file a reference against the taxation. The court also granted a stay of execution of the taxed amount pending the determination of the reference, ensuring that the applicant would not suffer prejudice while the substantive issues were being addressed.
Court Disposition
application allowed
Orders
- Time for the applicant to file a reference against the taxation is extended by 15 days from the date of the ruling.
- Stay of execution of the taxed amount is granted pending determination of the reference.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
MISC. CIVIL APPL. NO. 12 OF 2013
BALISHARMA & BALISHARMA ADVOCATES................APPLICANTS
Versus
JANE WANYIHA GACHUKI..................……................RESPONDENT
RULING
The application is brought under rule 11 of the Advocates (Remuneration order) in which the applicant seeks the following orders:
1. That the honourable court be pleased to extend time to file a reference to the judge.
2. That this honourable court do order the bill taxed at Kshs. 93,643/= set aside and substituted with Ksh. 24,877. 50
The application is supported by annexed affidavit of the applicant in which she denied that she appointed the Respondent to represent her in Nyeri RMCC No. 2 of 2005 wherein she was awarded Ksh. 37,082. 50.
That she was awarded Kshs. 16,585/= in cost which should have been increased by half to be awarded to the respondent as Advocate client cost.
In response thereto the respondent has filed grounds of opposition to wit that the application is bad in law incompetent misconceived and an abuse of the court process since it is brought under unknown provision of the law.
That no grounds or reason quoted to support the grounds to extend time to file a reference to the judge.
I have looked at the application herein and note that the same raise fundamental issue on the advocate client relationship arising from the taxation therein which ought to be considered by this court.
I will therefore allow the application herein and extend time for the applicant to file reference to this court against the taxation herein within the next 15 days from the date herein.
In the interest of justice I grant stay of execution of the taxed amount herein pending the determination of the reference.
Dated at Nyeri this 19th day of September 2013.
J. WAKIAGA
JUDGE
Ruling is read in open court in the presence of the applicant and in the absence of the respondent.
J. WAKIAGA
JUDGE