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Original judgment

Mutembei Gichuru & Co. v Zablon Mathenge Itewa

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU MISCELLANEOUS APPLICATION NO. 60 OF 2017 MUTEMBEI GICHURU & CO. ................................APPELLANT VERSUS ZABLON MATHENGE ITEWA.............................RESPONDENT RULING A ruling on Advocate/Client bill of costs was rendered on 6 th July 2017 by Hon Obara SRM/DR dismissing the bill for reasons it was a replica of a bill that had been taxed in C.C No. 88 of 2009 dated 19.12.2014 and filed in court on 7 th January 2015. The advocate was aggrieved by the said order and filed application for orders to extend time so he could file reference to the High Court. The application was opposed by the grounds of opposition and Replying Affidavit of Zablon Mathenge Itewa sworn on 6.12.2017. The Respondent submitted that delay in filing reference or even application for leave was in ordinate. In consideration that this is a matter which is substantively before the Displinary Tribunal the applicant should endeavour to have it concluded before the reference intended to be filed is canvassed so that none of the parties feel prejudiced by concurrent proceedings touching on the same subject matter. Leave is therefore granted to the applicant to file reference out of time within 14 days. HON. A.ONG’INJO JUDGE RULING DELIVERED, SIGNED AND DATED THIS 18TH DAY OF OCTOBER 2018 IN THE PRESENCE OF: C/A: APPLICANT: RESPONDENT: HON. A.MABEYA JUDGE

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