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Otieno Ragot & Company Advocates v. Kenya Airports Authority

(2015) JELR 93856 (CA)

Court of Appeal  •  Civil Appeal 34 of 2012  •  19 Jun 2015  •  Kenya

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from an interlocutory decision given on 30th June 2011 by the High Court at Kisumu (Ali-Aroni J) allowing the respondent’s motion to stay the taxation of the appellant’s advocate/client Bill of Costs that was then pending before the Deputy Registrar of the court. The order of stay was to last until the hearing and determination of the respondent’s suits in High Court Civil Suit No. 68 of 2011 and Civil Suit No. 69 of 2011.

2. Aggrieved, the appellant lodged the present appeal complaining that the impugned decision is clearly wrong because the High Court did not have jurisdiction to stay the taxation; that in exercising its discretion to grant the orders of stay, the High Court took into account irrelevant factors; that the learned Judge erred in concluding that the respondent’s suits in High Court Civil Suit No. 68 and Civil Suit No. 69 of 2011 would be rendered nugatory and the respondent would be prejudiced unless the order of stay was grante…

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