[2024] KEHC 5762 (KLR)
The court found that after the taxation of the advocate-client bill of costs and the subsequent filing of a letter of objection, no Reference was filed by the respondents to challenge the taxation. In the absence of any pending application or Reference, there was nothing left for the court to determine. Therefore,...
Source-derived case information.
- Citation
- [2024] KEHC 5762 (KLR)
- Parties
- Applicant: Bruce Odeny & Co Advocates; Respondent: Revji Devji Chhabhadia; Respondent: Kanji Chhabhadia; Respondent: Chandrakant Devji Chhabhadia
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E1 of 2020
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Closure of File Post Taxation
- Outcome
- file closed and to be archived
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, File Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce Odeny & Co Advocates
Applicant
Revji Devji Chhabhadia
Respondent
Kanji Chhabhadia
Respondent
Chandrakant Devji Chhabhadia
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Closure of File Post Taxation
Legal Issues
- 1 Whether there is any pending matter after taxation of the advocate-client bill of costs and objection letter.
- 2 Whether the file should be closed and archived.
Ratio Decidendi
The court found that after the taxation of the advocate-client bill of costs and the subsequent filing of a letter of objection, no Reference was filed by the respondents to challenge the taxation. In the absence of any pending application or Reference, there was nothing left for the court to determine. Therefore, the court ordered the closure and archiving of the file as the matter was concluded.
Court Disposition
file closed and to be archived
Orders
- The file is closed and to be archived.
- Ruling to be typed.
Full Case Text
Judgment text and source record
23 paragraphs
Bruce Odeny & Co Advocates v Chhabhadia & 2 others (Miscellaneous Succession Cause E1 of 2020) [2024] KEHC 5762 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5762 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E1 of 2020
RE Aburili, J
May 9, 2024
Between
Bruce Odeny & Co Advocates
Applicant
and
Revji Devji Chhabhadia,
1st Client
Kanji Chhabhadia
2nd Client
Chandrakant Devji Chhabhadia
3rd Client
Ruling
1. This is a 2020 matter and following the taxation of the advocate client bill of costs on 2nd February 2021, what followed was a letter of objection dated 3rd February 2021 and nothing else followed as there is no evidence of a Reference filed.
2. In the premises, as there is nothing pending, this file is closed and to be archived.
3. I so order.
4. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE