Radar Limited v Edam Associates Advocates [2024] KEHC 12632 (KLR)

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