Kandie v Chande & 4 others (Civil Appeal (Application) 24 of 2020) [2026] KECA 83 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 83
- Citation
- [2026] KECA 83 (KLR)
- Decided
- 30 January 2026
The applicant's Reference dated 11th April 2021 is hereby allowed, and the ruling of the Hon. Single Judge (L. Achode, JA.) dated 11th April 2025 is set aside. The applicant's bill of costs dated 22nd June 2023 is remitted for re-taxation by a Taxing Officer other than Hon. Adika.
Facts
The applicant, David Kandie, challenged the ruling of the Taxing Officer (H. Adika, DR.) in a Reference dated 4th December 2023, seeking to set aside the ruling and remit the bill of costs for re-taxation.
Issues
- Taxing Officer's assessment of instructions fees
- Consistency in awarding instructions fees
Reasoning
The Court of Appeal found that the Taxing Officer erred in assessing the instructions fees and that the award was manifestly excessive. The Court also noted that the award was inconsistent with previous cases.
Outcome
The applicant's Reference is allowed, and the ruling of the Taxing Officer is set aside.
Orders
- The ruling of the Taxing Officer is set aside.
- The applicant's bill of costs is remitted for re-taxation by a Taxing Officer other than Hon. Adika.
- The parties shall bear their own costs of the Reference.
Remedies
- Remission of the bill of costs for re-taxation
Authorities cited
Cases cited (2)
- NGO Board v EG & 5 Others
- Premchand Raichand Limited & Another v Quarry Services of East Africa Limited & Another
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