Republic v Town Clerk, Municipal Council of Mombasa; Chogo & 3 others (Exparte Applicants); African University Trust of Kenya (Interested Party) (Miscellaneous Application 103 of 2012) [2023] KEELC 16436 (KLR) (21 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16436
- Citation
- [2023] KEELC 16436 (KLR)
- Decided
- 21 March 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent's Taxation Ruling Set Aside and RemittedCoramN.A. MATHEKA
The Taxing Master used the wrong principles on the issue of VAT and getting up fees, and the application is merited.
Facts
The applicants sought to have a Taxation Ruling and a Party & Party Bill of Costs set aside or varied, arguing that the Taxing Master erred in applying the Advocates Remuneration Order, 2009.
Issues
- Taxation Ruling Set Aside
- Party & Party Bill of Costs Remitted
- Costs to Ex-Parte Applicants
Reasoning
The judge found that the Taxing Master erred in applying the Advocates Remuneration Order, 2009, and that the proceedings were not heard on merit, leading to an error in principle.
Outcome
The application is granted, and the Taxing Master's decision is set aside. The bill of costs is remitted to another Taxing Master for taxation. Costs are awarded to the Ex-Parte Applicants.
Orders
- Taxing Master's decision set aside
- Bill of costs remitted to another Taxing Master
- Costs awarded to Ex-Parte Applicants
Remedies
- Remission of bill of costs to another Taxing Master
- Award of costs to Ex-Parte Applicants
Authorities cited
⚠ 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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