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Muthembwa v Muthembwa (Civil Appeal (Application) 329 of 2017) [2024] KECA 93 (KLR) (9 February 2024) (Ruling)

[2024] KECA 93 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
93
Citation
[2024] KECA 93 (KLR)
Decided
9 February 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureAppeal withdrawn, reference for review of tax assessmentCoramGWN MACHARIA
Holding

The reference is dismissed with costs to the respondent.

Facts

The appellant withdrew an appeal, and the respondent filed a bill of costs. The appellant then filed a reference to review the tax assessment.

Issues

  1. Manifestly excessive tax assessment
  2. Appeal not heard on merit
  3. Opposition to bill of costs

Reasoning

The court found no error in principle to warrant interference with the taxing master's discretion and dismissed the reference.

Outcome

Appeal withdrawn, reference dismissed

Orders

  • Reference dismissed with costs to the respondent

Authorities cited

Cases cited (1)
  • Joreth Limited v Kigano & Associates [2002] 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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