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Onyango & 2 others ((All suing as the administrators on behalf of the Estate of Patrick Otieno Okech(Deceased)) v Okech (Environment and Land Miscellaneous Application E002 of 2021) [2022] KEELC 12760 (KLR) (29 September 2022) (Ruling)

[2022] KEELC 12760 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
12760
Citation
[2022] KEELC 12760 (KLR)
Decided
29 September 2022
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

TypeTaxation of Bill of CostsPostureApplicants seek to set aside a ruling and decision of the taxing officer and seek an assessment of costsCoramAY KOROSS
The taxing officer did not err in assessing the instruction fees, as the value of the subject property was not discernable from the pleadings, and the taxing officer applied the correct legal provisions.

Facts

The applicants filed a reference against a ruling by the taxing officer on a party and party bill of costs. The taxing officer assessed instruction fees at Kshs 50,000/- and Kshs 3,000/- for each application.

Issues

  • Whether the applicants' summons is merited
  • Whether the taxing officer erred in assessing instruction fees

Reasoning

The taxing officer considered the applicable rules and applied the correct legal provisions. The applicants' submissions were not considered extraneous factors.

Outcome

The applicants' summons is not merited, and the ruling and decision of the taxing officer are upheld.

Authorities cited

Legislation (3)
  • Advocates Remuneration Order
  • Schedule 7A
  • Schedule 7B
Cases cited (2)
  • Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board
  • Joreth Limited v 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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