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Samuel Waiya Githukurio v Stephen Mungai Waita [2019] KEELC 1090 (KLR)

[2019] KEELC 1090 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1090
Citation
[2019] KEELC 1090 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeCosts DisputePostureAppeal from a ruling on taxation of costs
The plaintiff's application is not properly before the court and the Deputy Registrar's ruling on taxation is upheld.

Facts

The plaintiff discontinued the suit, and the defendant filed a Bill of Costs. The Deputy Registrar taxed the costs at Ksh 196,595/=. The plaintiff objected to the taxation and sought to set aside the ruling.

Issues

  • Whether the plaintiff's application is properly before the court
  • Whether the Deputy Registrar erred in taxing the costs

Reasoning

The court found that the plaintiff did not comply with the Advocates Remuneration Order and that the Deputy Registrar's ruling was not erroneous.

Outcome

Affirmed

Orders

  • The plaintiff's application is dismissed
  • The Deputy Registrar's ruling on taxation is upheld

Authorities cited

Legislation (1)
  • Advocates (Remuneration) Order
Cases cited (5)
  • Elijah Momanyi p/a Anassi Momanyi & Co Advocates vs Bartera Maiyo
  • Kipkorir, Titoo & Kiara Advocates vs Deposit Protection Fund
  • Rogan Kamper & Grosvenor
  • Metro Petroleum Ltd vs Onyango Oloo & Co. & Another
  • Joreth Ltd vs Kigano & Associates
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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