[2018] KEHC 1462 (KLR)
The court declined to proceed with the determination of the application until the relevant files, specifically Kakamega CMCCC No. 101 of 2016 and Kakamega HCMISCC No. 518 of 2016, are placed before it for perusal. The judge emphasized the necessity of having all pertinent documents to ensure a fair and informed...
Source-derived case information.
- Citation
- [2018] KEHC 1462 (KLR)
- Parties
- Applicant: Hezron Odhiambo Abok; Respondent: Prajapat Pravinbhai Jivabhai t/a Mitra Enterprises (K) Limited
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 84 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Directions
- Outcome
- Matter stood over for mention for further directions pending production of relevant files.
- Judges
- DN Musyoka
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Reference Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezron Odhiambo Abok
Applicant
Prajapat Pravinbhai Jivabhai t/a Mitra Enterprises (K) Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Directions
Legal Issues
- 1 Whether the court can proceed to determine the reference application without perusing the relevant court files.
- 2 Whether the taxation of the advocate/client bill of costs was proper.
Ratio Decidendi
The court declined to proceed with the determination of the application until the relevant files, specifically Kakamega CMCCC No. 101 of 2016 and Kakamega HCMISCC No. 518 of 2016, are placed before it for perusal. The judge emphasized the necessity of having all pertinent documents to ensure a fair and informed decision on the reference application challenging the taxation of costs.
Court Disposition
Matter stood over for mention for further directions pending production of relevant files.
Orders
- Matter to be mentioned for further directions.
- Relevant files to be placed before the court for perusal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS REFERENCE APPLICATION NO. 84 OF 2018
HEZRON ODHIAMBO ABOK............................................APPLICANT
VERSUS
PRAJAPAT PRAVINBHAI
JIVABHAI t/a MITRA ENTERPRISES (K) LIMITED....RESPONDENT
RULING
1. On 6th April 2017 the taxing master, BS Khapoya SRM, taxed an advocate/client bill of costs as between the applicant/advocate and the respondent/client.
2. The applicant/advocate has brought the instant application dated 18th May 2018.
3. For me to be able to properly deal with the said application I will need to have the relevant files placed before me for perusal, especially the court files in Kakamega CMCCC No. 101 of 2016 and Kakamega HCMISCC No. 518 of 2016.
4. Matter to be mentioned for further directions.
DATED, SIGNED and DELIVERED at KAKAMEGA this 3RD DAY OF DECEMBER, 2018
W. MUSYOKA
JUDGE