[2018] KEHC 3088 (KLR)
The court found that, although there was delay in seeking leave to file the reference, the matter was also substantively before the Disciplinary Tribunal. To avoid prejudice and ensure justice, the court exercised its discretion to grant leave to the applicant to file the reference out of time, provided it is done...
Source-derived case information.
- Citation
- [2018] KEHC 3088 (KLR)
- Parties
- Appellant: Mutembei Gichuru & Co.; Respondent: Zablon Mathenge Itewa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 60 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to File Reference
- Outcome
- application allowed
- Legal Topics
- Advocate Client Costs, Extension of Time, Reference to High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutembei Gichuru & Co.
Appellant
Zablon Mathenge Itewa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to File Reference
Legal Issues
- 1 Whether the applicant should be granted leave to file a reference out of time against the dismissal of the advocate/client bill of costs.
- 2 Whether concurrent proceedings before the Disciplinary Tribunal and the High Court would prejudice any party.
Ratio Decidendi
The court found that, although there was delay in seeking leave to file the reference, the matter was also substantively before the Disciplinary Tribunal. To avoid prejudice and ensure justice, the court exercised its discretion to grant leave to the applicant to file the reference out of time, provided it is done within 14 days. The court emphasized the need to avoid concurrent proceedings on the same subject matter and encouraged the applicant to conclude the matter before the Disciplinary Tribunal before canvassing the reference in the High Court.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file reference out of time within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLANEOUS APPLICATION NO. 60 OF 2017
MUTEMBEI GICHURU & CO. ................................APPELLANT
VERSUS
ZABLON MATHENGE ITEWA.............................RESPONDENT
RULING
A ruling on Advocate/Client bill of costs was rendered on 6th July 2017 by Hon Obara SRM/DR dismissing the bill for reasons it was a replica of a bill that had been taxed in C.C No. 88 of 2009 dated 19. 12. 2014 and filed in court on 7th January 2015.
The advocate was aggrieved by the said order and filed application for orders to extend time so he could file reference to the High Court. The application was opposed by the grounds of opposition and Replying Affidavit of Zablon Mathenge Itewa sworn on 6. 12. 2017. The Respondent submitted that delay in filing reference or even application for leave was in ordinate.
In consideration that this is a matter which is substantively before the Displinary Tribunal the applicant should endeavour to have it concluded before the reference intended to be filed is canvassed so that none of the parties feel prejudiced by concurrent proceedings touching on the same subject matter.
Leave is therefore granted to the applicant to file reference out of time within 14 days.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, SIGNED AND DATED THIS 18TH DAY OF OCTOBER 2018
IN THE PRESENCE OF:
C/A:
APPLICANT:
RESPONDENT:
HON. A.MABEYA
JUDGE