[2014] KEHC 1365 (KLR)
The court found that the applicant had not issued the notice of objection to the Taxing Officer as required by Rule 11(1) of the Advocates (Remuneration) Order. As such, the proceedings were premature and not properly before the court. However, recognizing the interests of justice, the court exercised its discretion...
Source-derived case information.
- Citation
- [2014] KEHC 1365 (KLR)
- Parties
- Applicant: Betty Maloba t/a Maloba & Company Advocates; Respondent: Bob Owenga Okiya
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 28 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Objection to Taxation
- Outcome
- Objection found premature; leave granted to issue notice within 14 days.
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Remuneration Order Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betty Maloba t/a Maloba & Company Advocates
Applicant
Bob Owenga Okiya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Objection to Taxation
Legal Issues
- 1 Whether the objection to the Taxing Officer's decision is properly before the court in the absence of a notice under Rule 11(1) of the Advocates (Remuneration) Order.
- 2 Whether the objector is entitled to an extension of time to issue the required notice.
Ratio Decidendi
The court found that the applicant had not issued the notice of objection to the Taxing Officer as required by Rule 11(1) of the Advocates (Remuneration) Order. As such, the proceedings were premature and not properly before the court. However, recognizing the interests of justice, the court exercised its discretion to grant the applicant leave to issue the required notice within fourteen days from the date of the ruling. The matter was directed to proceed in the usual manner thereafter, upon compliance with the procedural requirements.
Court Disposition
Objection found premature; leave granted to issue notice within 14 days.
Orders
- The objector is granted leave of 14 days from today to issue the notice of objection under Rule 11(1) of the Advocates (Remuneration) Order.
- The matter shall thereafter proceed in the usual manner.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MISC.APPL NO.28 OF 2010
IN THE MATTER OF BUSIA CMCC NO.232 OF 2006
BETWEEN
BOB OWENGA OKIYA –VRS- GREGORY ODHIAMBO ALUMA & 5 OTHERS
AND
IN THE MATTER OF THE ADVOCATES REMUNERATION (AMENDMENT) ORDER 2006
AND
IN THE MATTER OF THE ADVOCATE-CLIENT BILL OF COSTS
BETWEEN
BETTY MALOBA T/A MALOBA & COMPANY ADVOCATES ….APPLICANT
-VERSUS
BOB OWENGA OKIYA ………………...........…………………..RESPONDENT
R U L I N G
1. Although styled “A Memorandum of Appeal”, these proceedings are in the nature of an objection to the Decision of the Taxing Officer of 17th January 2014. Rule 11(1) of The Advocates (Remuneration) Order reads,
“11(1) should any party object to the decision of the Taxing Officer he may within fourteen days after the decision give notice in writing to the Taxing Officer of the items of taxation to which he objects.”
I have read the entire file and I do not find that the Notice contemplated by Rule 11 (1) has been issued. These proceedings are therefore premature.
2. Although the Objector is apparently out of time I do hereby, in the interests of justice, give him leave of 14 days from today to issue the said Notice.
3. The matter shall thereafter proceed in the usual manner.
F. TUIYOTT
J U D G E
DATED, DELIVERED AND SIGNED AT BUSIA THIS 12TH DAY OF NOVEMBER 2014.
IN THE PRESENCE OF:
KADENYI ………………………………………………………COURT CLERK
…………………………………………………………………FOR APPLICANT
………………………………………………………………FOR REPONDENT