Kenya Agricultural & Livestock Research Organization v Attorney General & 3 others (Environment & Land Petition 1012 of 2013) [2022] KEELC 13587 (KLR) (12 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13587
- Citation
- [2022] KEELC 13587 (KLR)
- Decided
- 12 October 2022
Summary at a glance
TypePetitionPostureAppeal from a previous dismissal of the petitionCoramSO OKONG'O
The court found no error of principle in the taxing officer's assessment and dismissed the application.
Facts
The Petitioner, Kenya Agricultural & Livestock Research Organization, brought a petition against the Respondents (Attorney General, National Land Commission, and two private entities) claiming that the suit properties (L.R No. Naivasha Block 5 Parcels 230-233) were illegally converted from public to private land and sought declarations, injunctions, and orders for possession.
Issues
- Whether the taxing officer erred in principle in assessing the instruction fees and getting up fees payable to the 3rd Respondent
Reasoning
The court applied established principles regarding the taxation of costs, stating that a judge should not interfere with the taxing officer's discretion unless it is shown that the officer erred in principle or the fee awarded was manifestly excessive.
Outcome
Application dismissed
Authorities cited
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