Omboko v County Assembly of Busia & another (Environment and Land Case Civil Suit E005 of 2021) [2022] KEELC 12781 (KLR) (28 September 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 12781
- Citation
- [2022] KEELC 12781 (KLR)
- Decided
- 28 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureAppeal from a decision to tax costsCoramAA OMOLLO, Emukule, KLR Githinji, Maureen Onyango, Onguto
Holding
The court set aside the deputy registrar's decision to tax items No 2, 26, 38, and 39 of the appellant's bill of costs and ordered that they be taxed afresh.
Facts
The appellant and respondents filed a reference against the taxation of the deputy registrar's decision to tax items No 2, 26, 38, and 39 of the appellant's bill of costs dated November 19, 2021. The appellant claimed that the deputy registrar erred in her decision and was entitled to costs and VAT.
Issues
- Taxation of costs
- Value of the subject matter
Reasoning
The court found that the deputy registrar erred in her decision to tax the items and that the appellant was entitled to costs and VAT. The value of the subject matter was discernible from the outstanding loan balance and the charge.
Outcome
Appeal successful
Orders
- Items No 2, 26, 38, and 39 of the appellant's bill of costs dated November 19, 2021 be taxed afresh and be allowed and taxed as drawn.
- Costs of the application for taxation be awarded to the appellant
Remedies
- Taxation of costs
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.
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