Masiar & 143 others v District Land Surveyor, Narok North/South Districts & another; District Land Registrar & 19 others (Interested Party) (Environment & Land Case 32 of 2020) [2023] KEELC 20002 (KLR) (26 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20002
- Citation
- [2023] KEELC 20002 (KLR)
- Decided
- 26 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts AppealPostureChamber Summons ApplicationCoramCG MBOGO
Holding
The chamber summons application is dismissed.
Facts
The applicants were dissatisfied with the taxation of costs by the taxing master and filed a chamber summons application seeking to set aside the decision.
Issues
- Taxing Master's Error in Awarding Instruction Fees
- Taxing Master's Failure to Consider Statement of Defence
Reasoning
The court found no clear indication that the taxing master erred in principle in awarding the instruction fees. The court dismissed the application as the taxation of costs is a matter of opinion based on experience and not subject to interference unless it is shown to be unjust.
Outcome
Application dismissed
Authorities cited
Cases cited (3)
- Premchand Raichand Ltd another v Quarry services of East Africa Ltd and Another No 3 (1972) EA 162
- Visser vs Gubb 1981 (3) SA 753 (C) 754H – 755C
- Republic v Ministry of Agriculture and 2 Others; Ex-parte Muchiri W’Njuguna & others NRB HC Misc Civil Appl No 621 of 2000 [2006] eKLR
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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