[2024] KEHC 503 (KLR)
The court determined that, in the interest of justice and fair hearing, both parties should be granted leave to file further affidavits in response to each other's replying affidavits. The court noted that both parties had served fresh material necessitating rejoinders, and that it would be unjust to proceed without...
Source-derived case information.
- Citation
- [2024] KEHC 503 (KLR)
- Parties
- Applicant: Bruce Odeny & Company Advocates; Respondent: Pride Kings Security Service
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E101 of 2023
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Adjournment and Directions
- Outcome
- Interlocutory orders granted; leave to file further affidavits; adjournment fees imposed; oral hearing date set.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Leave to File Affidavits, Adjournment, Oral Hearing, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce Odeny & Company Advocates
Applicant
Pride Kings Security Service
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Adjournment and Directions
Legal Issues
- 1 Whether parties should be granted leave to file further affidavits in response to each other's replying affidavits.
- 2 Whether the applications for adoption of certificate of taxation and for review or setting aside of taxation should proceed without further affidavits.
- 3 Whether adjournment fees should be imposed due to last-minute filings by both parties.
Ratio Decidendi
The court determined that, in the interest of justice and fair hearing, both parties should be granted leave to file further affidavits in response to each other's replying affidavits. The court noted that both parties had served fresh material necessitating rejoinders, and that it would be unjust to proceed without allowing each side to fully present their case. The court also found that the applications, though delayed, were not complex and should be heard orally. Due to the adjournment caused by both parties' late filings, the court ordered each party to pay adjournment fees for each file in the series before the next hearing date. The court issued directions on the timelines for...
Court Disposition
Interlocutory orders granted; leave to file further affidavits; adjournment fees imposed; oral hearing date set.
Orders
- Advocate/Applicant granted leave to file and serve further affidavits within 7 days.
- Client to file and serve supplementary affidavits within 7 days of service of further affidavits.
Full Case Text
Judgment text and source record
20 paragraphs
Bruce Odeny & Company Advocates v Pride Kings Security Service (Miscellaneous Civil Application E101 of 2023) [2024] KEHC 503 (KLR) (31 January 2024) (Ruling)
Neutral citation: [2024] KEHC 503 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E101 of 2023
RE Aburili, J
January 31, 2024
Between
Bruce Odeny & Company Advocates
Applicant
and
Pride Kings Security Service
Respondent
Ruling
1. This matter and 8 others in a series are due for hearing today. There are two sets of applications in each of the 9 files. The first application is for adoption of the certificate of taxation as judgment of the court and decree to issue, whereas the second application is by the client seeking to review, vary and or set aside the taxation of the bills of costs dated July 27, 2023 on account that the client already settled the advocate’s legal fees.
2. The two applications were to be heard today but both parties are not ready as they seek leave of court to file further affidavits in response to the adverse parties’ Replying affidavits.
3. In as much as the court was ready to proceed and hear the parties, as each one of them have only served the other with fresh material which necessitate rejoinders, I find that justice will best be served if each one of the parties are given the opportunity to fully place before the court all the material that they wish the court to consider, so that the issues involved are thrashed out.
4. For the above reasons, and on application by both counsel for the respective parties, I hereby make the following orders:1. That the Advocate/Applicant has leave of court to file and serve further affidavits in response to the client’s Replying affidavits as filed in the 9 matters in the series, which further affidavits shall be filed and served within seven (7) days of today.2. Upon such further affidavit being filed, the client shall have 7 days to file and serve supplementary affidavits if need be.3. The client shall have 7 days of today to file and serve further affidavits to the advocate’s replying affidavits. Upon such compliance, the advocate shall have 7 days to file and serve a supplementary affidavit if need be.4. The two sets of applications though now taking longer than expected, are not as sophiscated as the parties wish the court to believe and therefore they shall be heard orally before this court. This shall be the main file.5. This order shall apply to all the series files Nos. HCC Misc. E113, E116, E131, E137, E140, E104, E101, E115 and E103 all of 2023 between the same parties.6. Hearing orally shall now be on 19th March 2024. 7.As both parties have caused the adjournment of the applications by filing documents last minute, each party shall pay court adjournment fees of Kshs.2,000 on each series files before the next hearing date.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF JANUARY, 2024R. E. ABURILIJUDGE