Bob Owenga Okiya –vrs- Gregory Odhiambo Aluma & 5 Others v Betty Maloba T/A Maloba & Company Advocates & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA MISC.APPL NO.28 OF 2010 IN THE MATTER OF BUSIA CMCC NO.232 OF 2006 BETWEEN BOB OWENGA OKIYA –VRS- GREGORY ODHIAMBO ALUMA & 5 OTHERS AND IN THE MATTER OF THE ADVOCATES REMUNERATION (AMENDMENT) ORDER 2006 AND IN THE MATTER OF THE ADVOCATE-CLIENT BILL OF COSTS BETWEEN BETTY MALOBA T/A MALOBA & COMPANY ADVOCATES ….APPLICANT -VERSUS BOB OWENGA OKIYA ………………...........…………………..RESPONDENT RULING 1. Although styled “A Memorandum of Appeal”, these proceedings are in the nature of an objection to the Decision of the Taxing Officer of 17 th January 2014. Rule 11(1) of The Advocates (Remuneration) Order reads, “11(1) should any party object to the decision of the Taxing Officer he may within fourteen days after the decision give notice in writing to the Taxing Officer of the items of taxation to which he objects.” I have read the entire file and I do not find that the Notice contemplated by Rule 11 (1) has been issued. These proceedings are therefore premature. 2. Although the Objector is apparently out of time I do hereby, in the interests of justice, give him leave of 14 days from today to issue the said Notice. 3. The matter shall thereafter proceed in the usual manner.

page 1 of 2