[2021] KEELC 296 (KLR)

[2021] KEELC 296 (KLR)

The court held that the application for extension of time to file a reference was legally untenable because the client had not filed a valid notice of objection to taxation, which is a mandatory prerequisite under Rule 11(1) of the Advocates Remuneration Order. The ruling of the taxing master was comprehensive and...

Source-derived case information.

Citation
[2021] KEELC 296 (KLR)
Parties
Applicant: Muiruri & Wachira Advocates; Respondent: Nicola Farms Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 183 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Applications for Extension of Time to File Reference and Stay of Execution
Outcome
applications dismissed with costs to the advocate/respondent
Judges
JO Mboya
Legal Topics
Taxation of Costs, Extension of Time, Stay of Execution, Advocate Client Bills, Reference Procedure
Source Language
en
Civil Procedure Land and Property Taxation of Costs Extension of Time Stay of Execution Advocate Client Bills Reference Procedure

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Parties

Muiruri & Wachira Advocates

Applicant

Nicola Farms Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Applications for Extension of Time to File Reference and Stay of Execution

  1. 1 Whether the application for extension of time to file a reference is legally tenable and/or sound.
  2. 2 Whether the client has provided sufficient basis and/or explanation for the delay in filing the reference within the requisite timelines.
  3. 3 Whether the client has satisfied the conditions for grant of an order of stay of execution pending the determination of the intended appeal.

Ratio Decidendi

The court held that the application for extension of time to file a reference was legally untenable because the client had not filed a valid notice of objection to taxation, which is a mandatory prerequisite under Rule 11(1) of the Advocates Remuneration Order. The ruling of the taxing master was comprehensive and contained reasons, and the client was aware of the ruling as early as 26th February 2021 but failed to act within the statutory timelines. No credible explanation for the delay was provided. Furthermore, once judgment was entered on the certificate of taxation, the certificate ceased to exist independently and could not be challenged by reference, rendering the application...

Court Disposition

applications dismissed with costs to the advocate/respondent

Orders

  • The Notice of Motion Application dated 19th October 2021 is dismissed with costs to the advocate/respondent.
  • The Notice of Motion Application dated 21st October 2021 is dismissed with costs to the advocate/respondent.