Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedEnvironment & Land Case 134 of 2014· [2022] KEELC 12645 (KLR)

Mulisya v Wesonga

Environment and Land Court
27 September 2022
DOD. O. Ohungo
993 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court refused to excuse a three-month delay in challenging a taxed legal bill, stressing strict 14-day objection deadlines.

What this practically means

#

Executive summary

#
The plaintiff's adverse possession suit over 2 acres of South Wanga/Lureko/449 was dismissed with costs on July 27, 2021. The defendant's party-and-party bill of costs dated September 23, 2021 was taxed by Deputy Registrar R. N. Akee on December 1, 2021 at KShs 211,225. The plaintiff then filed Chamber Summons dated February 28, 2022 seeking leave to file a reference out of time, stay of the taxation ruling, setting aside of the taxation on several items, and re-taxation. The application was opposed: counsel for the defendant deposed that the ruling date was taken in the presence of the plaintiff's counsel and that a certificate of taxation was served on January 26, 2022. The court framed a single question: whether the plaintiff should be allowed to file a reference out of time. Applying Rule 11(1) of the Advocates (Remuneration) Order, notice of objection was due by December 15, 2021. The delay of about three months was held inordinate since counsel knew the ruling date, and no explanation was offered beyond an assertion that the plaintiff learned of the ruling on February 17, 2022. Even after service of the certificate of taxation, no immediate action was taken. The court, citing Ng'ang'a v Muiruri on the extension-of-time factors, held that no sufficient cause was shown and dismissed the application with costs to the defendant, without determining prayers 3 to 7.

Key legal issues

#
01

Whether the applicant should be granted leave to file a reference out of time

Holding

Leave refused; delay of about three months was inordinate and unexplained, and the applicant took no action even after service of the certificate of taxation

Reasoning

The taxing ruling was delivered December 1, 2021, requiring notice of objection by December 15, 2021 under Rule 11(1). The applicant filed on February 28, 2022. Counsel knew the ruling date; a certificate of taxation was served on January 26, 2022, yet no immediate action followed. No sufficient cause was shown, so the court declined to exercise its discretion and did not reach prayers 3 to 7.

Legal principles established

#
  • Extension of time is a matter of discretion, considering length of delay, reason for delay and prejudice to the respondent
  • Under Rule 11(1) of the Advocates (Remuneration) Order, notice of objection to taxation must be given within 14 days of the taxing officer's ruling

Court orders

#
  1. 1.Chamber Summons dated 28th February 2022 dismissed with costs to the defendant

Authorities

#

Legislation

  • Advocates (Remuneration) OrderRule 11(1)
  • Advocates Remuneration Act

Cases cited (1)

  • Ng'ang'a v Muiruri
    (Civil Application E139 of 2022) [2022] KECA 688 (KLR) (22 July 2022) (Ruling)

    Factors for extension of time: length of delay, reason for delay, prejudice to respondent

Jurisdiction invoked
Environment and Land Court Act; Advocates (Remuneration) Order Rule 11

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mulisya v Wesonga", Case Analysis (2022). Environment & Land Case 134 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/12645/eng@2022-09-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.