Makupa Transit Shade CFS v County Government of Mombasa [2020] KEELC 2889 (KLR)
- Court
- Environment & Land Court
- Case number
- 2889
- Citation
- [2020] KEELC 2889 (KLR)
- Decided
- 21 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeObjection to taxation of party and party costsPostureAppeal from a decision of a taxing officerCoramJUSTICE MUNYAO SILA JUDGE
Holding
The suit was not a constitutional petition or judicial review, and the taxation should proceed as if it was commenced by way of a plaint.
Facts
The respondent commenced a suit through a plaint seeking various orders, including a declaration that the defendant's decision to suspend construction works was arbitrary and illegal. The suit was withdrawn with costs to the defendant.
Issues
- Taxation of party and party costs
- Nature of the suit (plaint vs. constitutional petition/judicial review)
Reasoning
The suit was filed through a plaint and sought various orders, not a constitutional petition or judicial review. The taxing officer erred in applying the wrong principle.
Outcome
The objection to the taxing officer's decision is upheld, and the bill is remitted back for taxation following the principles applicable to suits commenced by way of a plaint.
Orders
- Remit the bill for taxation to the same taxing officer if still stationed in this court, or to any other taxing officer if the officer has been transferred
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.
Loading judgment…