Ogeto t/a Ogeo & Ogeto Advocates v Muchiri (Environment and Land Miscellaneous Application E20, E21, E25, E26, E27, E28, E29, E30, E31 & E32 of 2021 (Consolidated)) [2022] KEELC 3239 (KLR) (28 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3239
- Citation
- [2022] KEELC 3239 (KLR)
- Decided
- 28 July 2022
The court finds that the Respondent/Applicant has not established a basis to interfere with the taxing master's award and dismisses the application with no order as to costs.
Facts
The Respondent/Applicant filed miscellaneous applications in Nakuru ELC case No. 157 of 2013. The Applicant/Respondent was represented by the Applicant/Respondent in those cases. The Applicant/Respondent filed additional applications in 2021, and some were settled. The taxing master's decision taxed instruction and getting up fees separately for each Respondent/Applicant.
Issues
- Whether the Respondent/Applicant has raised sufficient grounds to interfere with the taxing master's decision
Reasoning
The court cites legal principles that a court cannot interfere with a taxing master's decision unless it is shown that the decision was based on an error of principle or the fee awarded was excessive.
Outcome
Application dismissed with no order as to costs
Orders
- The decision of the taxing master delivered on 25th January, 2022 in so far as the same relates to reasoning and determination pertaining to the Taxation of the Bill of costs dated 6th July, 2021 relating to Misc. ELC No. 20 of 2021, 21 of 2021 and 25 of 2021, 26 of 2021, 27 of 2021, 28 of 2021, 29 of 2021, 30 of 2021, 31 of 2021 and 32 of 2021 be set aside.
- The Honorable court be pleased to refer the matter back for re-taxation of the Bill of Costs and with proper directions thereof.
- The cost of this application be provided for.
Authorities cited
Cases cited (4)
- Kipkorir, Titoo & Kiara Advocates vs Deposit Protection Fund Board NRB CA Civil Appeal No. 220 of 2004 [2005] eKLR
- Republic vs Kenya Medical Supplies Authority & another; Medox Pharmaceuticals Limited (Interested Party); Ex parte Nairobi Enterprises Limited [2019] eKLR
- First American Bank of Kenya Vs Shah and Others [2002] 1 E.A. 64 at 69
- Premchand Raichand Ltd vs Quarry Services of East Africa Ltd (1972) EA 162
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