Teachers Service Commission v Simon P Kamau & 19 Others [2011] KECA 227 (KLR)
- Court
- Court of Appeal
- Case number
- 227
- Citation
- [2011] KECA 227 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a reference on taxation to single judge against the taxation of the party and party costsCoramS.E.O. Bosire
Holding
The court allows the application and extends the time within which to file a reference under rule 112(3) by seven days.
Facts
The Teachers Service Commission (the appellant) filed a bill of costs which was later taxed at Kshs.382,600,000/= by the respondents. The appellant was dissatisfied with the taxation and sought an extension of time to file a reference to a judge.
Issues
- Whether the appellant's application for an extension of time to file a reference on taxation to a single judge is meritorious.
- Whether the appellant has explained the delay in making the reference and provided a reasonable explanation for the same.
Reasoning
The court observed that the taxed costs are colossal and provide cause for a reference. The court granted the extension of time due to the appellant's failure to explain the delay in making the reference.
Outcome
The application for extension of time to file a reference on taxation to a single judge is granted.
Orders
- Extension of time to file a reference under rule 112(3) by seven days.
Remedies
- Award of costs of the motion dated 19th May 2011 to the respondents.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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