UNATRAC INTERNATIONAL & MANTRAC KENYA LIMITED V. NYACHOTI & COMPANY ADVOCATES

JUDGMENT OF THE COURT

1. This is an appeal against the Order and Decree of Apondi, J. dated 17^th February 2011 and 3^rd August 2011 respectively, dismissing the appellants’ application dated 8^th September 2010 brought under Order 50 rule 1 of the Civil Procedure Rules, rule 3 of the High Court (Practice and Procedure) Rules, Section 1A of the Civil Procedure Act and Rule 11 (2) of the Advocates (Remuneration) Order.

2. By that application the appellants sought orders expressed as follows, inter alia;

“(3) That there be a stay of any proceedings for the recovery of costs assessed herein pending the hearing and determination of the application.

(4) That there be a stay of any proceedings for the recovery of costs assessed herein pending the hearing and determination of the intended reference by Mantrac Kenya Limited challenging the assessment of the said costs.

(5) The time for requesting for reasons of the decision of the taxing officer, Hon. Okato, Deputy Registrar of 21^st January 2010 be e…