Virginia Shaw & Co. Advocates v Minar Katherine Holroyd & another [2022] KEELC 1076 (KLR)
- Court
- Environment & Land Court
- Case number
- 1076
- Citation
- [2022] KEELC 1076 (KLR)
The court found that the taxing officer had jurisdiction to tax the advocate's bill of costs and that there was no retainer between the deceased and the advocate. The court also ruled that the annexures should not be expunged from the court record.
Facts
The advocate filed a bill of costs for taxation, which was contested by the clients. The taxing officer taxed the bill at Kshs. 4,757,963.45. The clients then brought an application to set aside the taxation ruling.
Issues
- Whether the taxing officer had jurisdiction to tax the advocate's bill of costs.
- Whether there was a retainer between the deceased and the advocate.
- Whether certain annexures to the advocate's replying affidavit should be expunged from the court record.
Reasoning
The court determined that the taxing officer had the power to tax the bill of costs and that the issue of a retainer was not a matter for the court's intervention. The court also ruled that the annexures should not be expunged.
Outcome
The court dismissed the reference and the motion to strike out annexures.
Orders
- There be a stay of execution of the taxing officer’s ruling pending the hearing and determination of the application.
- The taxing officer’s ruling taxing the Respondent’s bill of costs be set aside in its entirety.
- In the alternative, the Respondent’s bill of costs be taxed by a different Deputy Registrar in the division.
- There be no order as to costs.
Authorities cited
Legislation (2)
- Advocates Remuneration Order
- Taxation of Costs Act
Cases cited (3)
- Mwema Kitulu & Co. Advocates v Kenya Deposit Insurance Corporation
- Abincha & Co. Advocates vs. Trident Insurance Co. Ltd.
- Kenya Orient Insurance Limited vs. Oraro & Company Advocates
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