[2023] KEHC 25823 (KLR)

[2023] KEHC 25823 (KLR)

The court found that some documents attached by the respondent to his affidavit were too faint to be deciphered and, therefore, could not be considered in their current state. To ensure a fair hearing and proper determination of the taxation reference, the court directed the respondent to replace or substitute the...

Source-derived case information.

Citation
[2023] KEHC 25823 (KLR)
Parties
Applicant: JP Makokha & Co Advocates; Respondent: Dr Vincent Ogutu t/a Visiongate Eyecare Consultant
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Miscellaneous Application E067 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Reference Regarding Taxation of Advocate Client Bill of Costs
Outcome
Interlocutory directions issued; respondent to substitute faint documents with clear copies; matter to be mentioned for further directions.
Judges
WM Musyoka
Legal Topics
Taxation of Costs, Advocate Client Relationship, Bill of Costs
Source Language
en
Civil Procedure Taxation of Costs Advocate Client Relationship Bill of Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

JP Makokha & Co Advocates

Applicant

Dr Vincent Ogutu t/a Visiongate Eyecare Consultant

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Reference Regarding Taxation of Advocate Client Bill of Costs

Legal Issues

  1. 1 Whether the documents attached by the respondent in support of his case are sufficiently legible for the court's consideration.
  2. 2 Whether the respondent should be allowed to substitute or replace faint documents with clear copies in the taxation reference.

Ratio Decidendi

The court found that some documents attached by the respondent to his affidavit were too faint to be deciphered and, therefore, could not be considered in their current state. To ensure a fair hearing and proper determination of the taxation reference, the court directed the respondent to replace or substitute the faint documents with clear copies. The matter was set for mention on a date to be allocated at the delivery of the ruling, to confirm compliance and further directions.

Court Disposition

Interlocutory directions issued; respondent to substitute faint documents with clear copies; matter to be mentioned for further directions.

Orders

  • The respondent shall replace or substitute the faint documents with clear copies.
  • The file shall be mentioned on a date to be allocated at the delivery of this ruling.