Wahome & 3 others v Mwangi & 3 others (Sued as the Chairman, Vice- Chairman and trustees of Mukuru Kwa Reuben Self Help Group) (Environment and Land Case Civil Suit 841 & 910 of 2007 (Consolidated)) [2023] KEELC 19252 (KLR) (17 July 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 19252
- Citation
- [2023] KEELC 19252 (KLR)
- Decided
- 17 July 2023
Summary at a glance
TypeCivil SuitPostureAppeal from a decision of a Taxing MasterCoramJA MOGENI, MOGENI, Ringera
The application is not merited and the decision of the Taxing Master is upheld.
Facts
The plaintiffs are seeking to set aside a decision of the Taxing Master regarding the taxation of their costs, and to stay the execution of a tax certificate.
Issues
- Whether the instant application is merited under Advocates Remuneration Order
- Whether the Taxing Master erred in principle in assessing the costs
Reasoning
The Court held that the only recourse for challenging a Taxing Master's decision is through a reference under Paragraph 11 of the Advocates Remuneration Order, and the applicant's application does not comply with this procedure.
Outcome
Affirmed
Orders
- The application is dismissed
- The decision of the Taxing Master is upheld
Authorities cited
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