Ambwere T.S & Associates v Frank Nyambu Wafukwa & Others [2020] KEELC 2709 (KLR)
- Court
- Environment & Land Court
- Case number
- 2709
- Citation
- [2020] KEELC 2709 (KLR)
- Decided
- 26 February 2020
The instruction fees should be taxed based on the value of the subject matter, and the amount is Kshs. 889,500/-. The respondents had paid Kshs. 235,000/-. The other items in the bill were not contested.
Facts
The applicant, Ambwere, was engaged to represent 37 respondents in a case for adverse possession of land. The respondents claimed to have paid Kshs. 285,000/= as legal fees, but no agreement on fees was presented. The taxation of the bill was contested by both parties.
Issues
- Whether the taxing master should have considered the value of the subject matter in taxing instruction fees.
- Whether the taxing master erred in failing to consider the value of the property in taxing instruction fees.
Reasoning
The case was one of adverse possession, which is not complex, and the applicant was not entitled to additional fees beyond the basic instruction fees based on the value of the subject matter.
Outcome
The instruction fees are taxed at Kshs. 889,500/-. The respondents are ordered to pay Kshs. 10,000/= in costs.
Orders
- Vary the decision of the taxing master on the instruction fees to Kshs. 889,500/-. The other items in the bill remain as contested.
- Award the sum of Kshs. 10,000/= in costs to the applicant, payable by the respondents.
Remedies
- Vary the taxation of instruction fees to Kshs. 889,500/-.
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