Muri Mwaniki & Wamiti Advocates v Gachoya [2024] KEELC 13946 (KLR)

Muri Mwaniki & Wamiti Advocates v Gachoya (Environment & Land Case 41 of 2018) [2024] KEELC 13946 (KLR) (11 December 2024) (Ruling)

Neutral citation: [2024] KEELC 13946 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Environment & Land Case 41 of 2018

BM Eboso, J

December 11, 2024

Between

Muri Mwaniki & Wamiti Advocates

Applicant

and

Johnson Mwangi Gachoya

Respondent

Ruling

1. This matter was scheduled for ruling on the Advocates’ reference today. While preparing the ruling, it has emerged to the court that:i.The court may not be seized of jurisdiction to entertain the Bill of Costs and the Reference in this suit, noting that the dispute in this cause is about whether or not the respondent is liable to pay the advocate costs of an aborted mortage transaction.ii.There is no clarity on whether an enlargement of time was procured prior to the filing of the reference outside the prescribed limitation period of 14 days.

2. The court notes that the parties are entitled to an opportunity to address it on the two issues before the reference is disposed or before any adverse order is made. Consequently, the following

orders do issue:a.The order reserving a ruling date on the reference is vacated.b.Parties are invited to present affidavit evidence and address the court on the above two issues.c.The date for the next court activity shall be set at the time of reading this ruling in the Virtual Court.

DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 11TH DAY OF DECEMBER 2024B M EBOSOJUDGEIn the Presence of: -Mr Lundi for the Applicant/AdvocateCourt Assistant: Melita