[2009] KEHC 2106 (KLR)

[2009] KEHC 2106 (KLR)

The court found that the Chamber Summons was properly before it, as proceedings under Order II of the Advocates (Remuneration) Order are intended to be handled by a judge. The applicant was entitled to seek leave to give notice and file the relevant application, and the court exercised its discretion to grant such...

Source-derived case information.

Citation
[2009] KEHC 2106 (KLR)
Parties
Applicant: Mbugua & Mbugua Advocates; Respondent: Kenindia Assurance Company Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Children Miscellaneous Application 506 of 2005
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons
Outcome
application granted
Judges
JM Khamoni
Legal Topics
Advocate Remuneration, Taxation of Costs, Leave to File Application
Source Language
en
Civil Procedure Advocate Remuneration Taxation of Costs Leave to File Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mbugua & Mbugua Advocates

Applicant

Kenindia Assurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Chamber Summons

Legal Issues

  1. 1 Whether the Chamber Summons should be granted under Order II(1) of the Advocates (Remuneration) Order.
  2. 2 Whether leave should be given to file the relevant application under Order 11(2) of the Advocates (Remuneration) Order.

Ratio Decidendi

The court found that the Chamber Summons was properly before it, as proceedings under Order II of the Advocates (Remuneration) Order are intended to be handled by a judge. The applicant was entitled to seek leave to give notice and file the relevant application, and the court exercised its discretion to grant such leave. The court further directed that notice be given within 14 days and the relevant application be filed thereafter in accordance with the leave granted.

Court Disposition

application granted

Orders

  • Chamber Summons dated 5th February 2009 is granted.
  • Leave is given to the applicant to give notice within 14 days from the date of the ruling.