John Michael Wanjao v George Kimetto & 2 others [2017] KEELC 2115 (KLR)
- Court
- Environment & Land Court
- Case number
- 2115
- Citation
- [2017] KEELC 2115 (KLR)
- Decided
- 25 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureApplication for alteration and setting aside of Certificate of Costs
Holding
The Deputy Registrar did not exercise her discretion judiciously, and the instruction fees and getting up fees were excessive.
Facts
The plaintiff/applicant sought for the setting aside and alteration of the Certificate of Costs issued by the Deputy Registrar, claiming that the instruction fees and getting up fees were excessive and not justified.
Issues
- Whether the Deputy Registrar exercised her discretion judiciously in awarding instruction fees and getting up fees.
- Whether the amount awarded for instruction fees was excessive and whether getting up fees were payable in this case.
Reasoning
The Court of Appeal in Joreth Ltd vs. Kigano & Associates (2002) 1EA 92 established guidelines for a taxing officer to follow when increasing instructions fees. The Deputy Registrar did not provide sufficient reasons for the increase in fees and the amount awarded was excessive.
Outcome
The application was granted, and the Certificate of Costs was set aside and altered.
Orders
- That the application be certified as urgent.
- That the Certificate of Costs be set aside and altered.
- That costs of this application be provided for in any event.
Remedies
- The setting aside and alteration of the Certificate of Costs.
- The provision of costs for the application.
Authorities cited
Legislation (3)
- Advocates Act
- Advocates (Remuneration) Order
- Civil Procedure Rules
Cases cited (1)
- Joreth Ltd vs. Kigano & Associates (2002) 1EA 92
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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