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Kenya Union of Savings & Credit Co-operative Limited v. Onsando Osiemo T/A Onsando Osiemo & Company Advocates

(2014) JELR 100156 (CA)

Court of Appeal  •  Civil Application Nai 38 of 2011 (UR 24/2011)  •  3 Oct 2014  •  Kenya

Philip Nyamu Waki, Jamila Mohammed, Kathurima M'inoti



The Motion on Notice before us purports to be taken out under “Order 39b), 41 and 47(1) of the Court of Appeal Rules, 2010”. The obvious mistake notwithstanding, the applicant, the Kenya Union of Savings and Credit Co- operative Limited, seeks leave to appeal against the ruling and order of Koome J, (as she then was) dated 28th January, 2011 and stay of further proceedings in HCCC No 81 of 2005 pending the lodging, hearing and determination of an intended appeal.

The background to the application, as far as we can deduce from the paucity of information supplied by the applicant, is an advocate-client relationship gone sour between the parties. That resulted in the advocate filing his Bill of Costs which was taxed at Kshs.1,372,909 by an order dated 27th May, 2010. The applicant did not object to the taxation within the prescribed time or at all. On 30th August, 2010, the applicant took out a chamber summons seeking enlargement of time to object to the taxation order …

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