I have considered the Client's application dated 27.05.2022 which seeks to review my order of 16.05.2022 where I struck out the Reference under Paragraph 11 of the Advocates Remuneration on account of it being time barred. The Client seeks review on the ground that the court did not consider evidence that the sum claimed as fees had already been settled in full.
The issue whether the Client has paid the amount in full is substantive matter going to the merits of the Reference. That Reference was struck out on technical grounds hence the reasons put forth by the Client even if accepted would not vary the ultimate decision to strike it out. The issue of payment is not a matter that cure the technical defect which the court identified and for which the Reference was struck out. I therefore hold that the reasons advanced by the Client do not fall within the grounds permitted for review under Order 45 of the Civil Procedure Rules.
The application is therefore dismissed as it does not disclose grounds for review. The Client shall pay costs of KES. 10,000.00 to the Advocates.
DATED and DELIVERED at NAIROBI this 10th day of JUNE 2022
D. S. MAJANJA
JUDGE