SG Mbaabu & Co Advocates v Kakenyi & 2 others (Environment and Land Miscellaneous Application 34 of 2017) [2018] KEELC 1356 (KLR) (12 October 2018) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1356
- Citation
- [2018] KEELC 1356 (KLR)
- Decided
- 12 October 2018
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication to set aside decision of Deputy Registrar and to tax costsCoramOA ANGOTE
The Court upholds the decision of the taxing officer and dismisses the Chamber Summons with no order as to costs.
Facts
The Applicant sought to set aside the Deputy Registrar's decision and the certificate of taxation in a previous case. The Applicant valued the land at Kshs. 1,335,000,000, while the Respondents valued it at Kshs. 650,220,000. The Applicant's advocate sought to tax the costs based on the value of the property, but the Respondents argued that the value was not ascertainable from the pleadings.
Issues
- Whether the Deputy Registrar erred by not relying on the valuation reports when taxing the instruction fees.
- Whether the taxing officer was entitled to reject the valuation reports during taxation.
Reasoning
The Court held that the value of the property was not ascertainable from the pleadings or judgment, and that the taxing officer was entitled to reject the valuation reports during taxation.
Outcome
Application dismissed with no order as to costs.
Orders
- Chamber Summons dated 3rd April, 2017 dismissed with no order as to costs.
Authorities cited
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