Search court decisions

…Whether the applicants have met the threshold for leave to file a reference outside the statutory time to be granted. c. Who pays the costs? 5.…

…The applicants are through the instant application seeking for leave to file a reference outside time as the same has long lapsed.…

…Submissions The References were canvassed by way of written submissions.…

…Submissions on Applicant’s Reference I have considered the two applications/References arising from the Ruling of the Taxing Master dated 5th September, 2024.…

…This was the cause of action that was entailed in the Reference dated 22.05.2024. 32.   …

…The first pleading was the Reference dated 22.05.2024 seeking to object to the Termination Notice dated 01.03.2024. 56.   …

…and, or consequential orders pending the hearing and determination of the intended Reference. 4) THAT costs of this application be approved. 2 The application seeks leave to file reference against the Ruling/taxation of the…

…The subject is the grant of leave to file reference out of time against the taxation.…

…The applicant then filed this application by chambers summons to seek leave to file the reference out of time.…

…Ideally, a reference to the High Court regarding a taxation ruling (pursuant to Rule 11 of the Advocates (Remuneration) Order) should be filed within 14 days.…

…The Client/ Applicant further prays for costs of the reference. 5.   …

…The instant Reference is opposed through the Replying Affidavit of Julius K.…

…He maintained that he lawfully purchased Land Reference No.…

…He further averred that the Appellant’s occupation of Land Reference No.…

…Whether the reference dated the 27th October 2023 has merit. c. Who pays the costs in the suit? 8.…

…not in itself preclude the objector from filing a competent reference.”…

…Applicant’s reference 1. This ruling is in respect of a reference dated 03.01.2024 by the applicant challenging the decision of the taxing officer (Hon J. Nyariki) dated 06.12.2023.…

…The respondent opposed the reference on two main grounds.…

…They filed a reference on 11th October 2024 regarding a ruling delivered on 26th September 2024.…

…Counsel submitted that the 14 days lapsed on 14th October, 2024 hence the reference was filed within the stipulated time. 11.…

…That the costs of this Reference be awarded to the Client/Applicant.…

…This Reference is opposed by the Advocate/Respondent, who filed Notice of Preliminary Objection, and averred that the Chamber Summons Reference Application dated 30th January 2025, is incompetent having been filed outside…

…The 1st respondent maintained that the award for Items Nos. 3 to 45 was taxed on the scale and urged the court to dismiss the reference with costs. 3.When the reference was listed for directions on 28.10.2025 each side was…

…The appellant’s reference was filed pursuant to paragraph 11 of the Advocates Remuneration Order.…

…The reference was opposed vide the grounds of opposition dated 17th October 2025 filed by the 5th defendant.  …

…The reference was heard orally on 17th December 2025. It was submitted on behalf of the applicant that the reference challenges items 2 and 3 of the 5th Defendants Party and Party Bill of Costs dated 25th April 2025. …

…Number: Chembe/Kibabamshe/ 2091 being a subdivision of Land Reference Number: Chembe/Kibabamshe/ 1114, being a subdivision of Land Reference Number: Chembe/Kibabamshe/ 387. 3.…

…Number: Chembe/Kibabamshe/ 2091 being a subdivision of Land Reference Number: Chembe/Kibabamshe/ 1114, being a subdivision of Land Reference Number: Chembe/Kibabamshe/ 387. 4.…

…He submits that since a proper reference was not filed within the stipulated time, the taxed costs must remain in place. Directions 11.   …

…Rule 11 provides the statutory mechanism for ventilation of grievances from such decisions through references to a judge in chambers. 14.   …

…The matter for determination is Chamber Summons Application/ Reference arising from the ruling of the Taxing Officer, Hon.…

…The Reference is supported by Affidavit John Mayiani Tuya, the County Secretary, Narok County Government who reiterated most of the grounds in support of the Reference.…

…(d)   THAT costs of this reference be borne by the Respondent. 2.   …

…ISSUE NO.4- IS THE PRESENT REFERENCE MERITED OR NOT? ISSUE NO.5- WHO BEARS THE COSTS OF THE PRESENT REFERENCE? 8.   …

…That stay of execution has been prayed for without a proper reference. 4.…

…They argued that the applicant has not satisfied the criteria for stay of execution as there is no valid reference on record.…

…Plaintiff herein states that he is the registered owner of all that Land Reference Numbers 8784/109, 8784/110, 8784/111 and 8784/112 each parcel measuring five (5) acres situated in Mavoko Municipality in Machakos County.…

…A declaration that the Plaintiff is the legally registered owner with all indefeasible title, interest and rights vested in the Plaintiff as the owner of all that parcels of Land Reference Numbers 8784/109, 8784/110, 8784…