John Mugambi & 21 others v Kenya National Assurance Company (2001) Limited [2017] KECA 77 (KLR)

Facts

The appellants sought an injunction to restrain the respondent from disposing of houses on land in Nanyuki Municipality/Block 8/898, where they were tenants. The High Court dismissed their application and further application to vary or set aside the dismissal orders. The appellants then filed a motion to set aside the dismissal order and reinstatement of the appeal, which was unsuccessful. The appellants filed a Bill of Costs in the Court of Appeal.

Issues

1. Whether the Taxing Officer based the taxation on the Advocates Remuneration Order (under the Advocates Act) as contended by Mr. Mwangi Kariuki, learned counsel for the appellants.
2. Whether the amount in respect of which the Bill of Costs is taxed is excessive, effectively meaning that the Taxing Officer exercised her discretion wrongly.

Reasoning

The Taxing Officer's ruling on taxation is upheld. The Taxing Officer referred to the Advocates Remuneration Order as a guide to help her exercise her discretion in determining what was fair and reasonable while taxing the item on instructions fees. The Taxing Officer's discretion is not interfered with.

Outcome

The reference is dismissed.

Authorities cited