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Kanai v Cannon Assurance Limited (Civil Appeal 447 of 2018) [2023] KECA 119 (KLR) (3 February 2023) (Judgment)

[2023] KECA 119 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
119
Citation
[2023] KECA 119 (KLR)
Decided
3 February 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court rulingCoramD. S. Majanja, E. C. Mwita, M. Gachoka – CI Arb, FCIARB
Holding

The appeal is dismissed, and the appellant is ordered to bear the costs of the appeal.

Facts

The appellant, Anthony Thuo Kanai, was dismissed from his employment as a legal officer by the respondent, Cannon Assurance Limited. He subsequently filed bills of costs for legal fees rendered during his employment.

Issues

  1. Whether the appellant is entitled to claim legal costs under sections 32A and 32B of the Advocates Act for periods prior to July 12, 2012.
  2. Whether the High Court's decision upholding the Taxing Officer's award of costs is just and fair.

Reasoning

The court found no injustice in the High Court's decision and upheld the Taxing Officer's award of costs.

Outcome

Appeal dismissed

Orders

  • The appellant is ordered to bear the costs of the appeal.

Authorities cited

Legislation (2)
  • Advocates Act (Revised 2012), 1989
  • Costs follow the event
Cases cited (2)
  • Premchand Raichand Ltd & another v Quarry Services of East Africa Ltd & others [1972] EA p.162
  • Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 4 others [2014] eKLR
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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