[2024] KEHC 12632 (KLR)
The court held that the applicant's reference against the taxation of the advocate/client bill of costs was incompetent because it was filed as a separate miscellaneous application rather than in the same file where the taxation was conducted, contrary to Paragraph 11 of the Advocates Remuneration Order. The court...
Source-derived case information.
- Citation
- [2024] KEHC 12632 (KLR)
- Parties
- Applicant: Radar Limited; Respondent: Edam Associates Advocates
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E015 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection to Reference Against Taxation
- Outcome
- application struck out as incompetent; file closed; each party to bear own costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Procedure for Reference, Striking Out Incompetent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Radar Limited
Applicant
Edam Associates Advocates
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection to Reference Against Taxation
Legal Issues
- 1 Whether the applicant's reference against taxation was properly filed in accordance with Paragraph 11 of the Advocates Remuneration Order.
- 2 Whether filing a separate miscellaneous application instead of proceeding in the original taxation file renders the application incompetent.
Ratio Decidendi
The court held that the applicant's reference against the taxation of the advocate/client bill of costs was incompetent because it was filed as a separate miscellaneous application rather than in the same file where the taxation was conducted, contrary to Paragraph 11 of the Advocates Remuneration Order. The court emphasized that the correct procedure is to file the reference in the original taxation file, allowing the matter to be placed before a judge by way of chamber summons. The applicant's failure to comply with this mandatory procedural requirement rendered the application fatally defective. Consequently, the court struck out the application and all related documents, and ordered...
Court Disposition
application struck out as incompetent; file closed; each party to bear own costs
Orders
- The application dated 16th July 2024 and all documents filed are struck out as incompetent.
- The file is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Radar Limited v Edam Associates Advocates (Miscellaneous Civil Application E015 of 2024) [2024] KEHC 12632 (KLR) (23 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12632 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E015 of 2024
RE Aburili, J
October 23, 2024
Between
Radar Limited
Applicant
and
Edam Associates Advocates
Respondent
Ruling
1. The file herein was opened on 26th July 2024, by filing of Chamber Summons, Notice of Objection and Supporting affidavit together with annextures thereto. From the heading of the documents filed, the matter arises from taxation conducted in HC Misc. No. E096 of 2024 Edam Associates vs Radar Limited, Advocate/Client Bill of Costs which were taxed in the above matter.
2. The Applicant in this application is challenging the taxation of Advocate/Client Bill of Costs in Kisumu HC Misc. No. E096 of 2024.
3. Paragraph 11 of the Advocates Remuneration Order contemplates the filing of objection to taxation and a Reference in the same file wherein the taxation took place upon which the taxation file would then move to the Judge by way of Chamber Summons to consider the Reference.
4. The court would also call for a parent file where legal representation was undertaken, where the taxation involves legal representation in litigation proceedings.
5. Instead of complying with the above provision, the Applicant has filed a separate Miscellaneous Civil Application and Notice of Objection in a separate Miscellaneous file which is unacceptable.
6. Accordingly, the application dated 16th July 2024 and all the documents filed are found to be incompetent and struck out and the file is closed
7. This Ruling to apply to all the series files Nos. E019, E018, E022, E021, E029, E025, E024, E023, E014, E016, E017, E020, E028, E027 and E026 of 2024.
8. Each party to bear their own cost of the struck-out References.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF OCTOBER, 2024R. E. ABURILIJUDGE