I have carefully reviewed the application dated 31 July 2024, which was filed by the Applicant on 1 October 2024. The same seeks to set aside the taxation and in the alternative for the client to file a reference against the taxation. I have heard the counsel for the Applicant and counsel for the Respondent who have argued the application orally. The Application by the Advocate dated 19 December 2023 is in respect of a Bill that was taxed on 11th October 2023. The same was served, and service upon the Applicant herein has not been disputed. Instead, the Applicant states in his supporting Affidavit that he was unable to participate in the proceedings because he could not afford representation. He could only afford such representation sometime in April 2024. But it was not until July 2024 that the application was filed. There was no action on the part of the Applicant, until July 2024, which is indicative of lethargy on his part. The Applicant was only rattled into action by the listing of the Advocates’ application for hearing during the RRI. In my view, the application is not bona fide and the same is dismissed with costs.
The application dated 19 December 2023 is hereby allowed as prayed.
HELENE R. NAMISI
JUDGE
The application dated 19 December 2023 is hereby allowed as prayed.
HELENE R. NAMISI
JUDGE