Tom Ojienda & Associates v County Government of Nairobi (Environment and Land Miscellaneous Application E096 of 2020) [2024] KEELC 4026 (KLR) (2 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4026
- Citation
- [2024] KEELC 4026 (KLR)
- Decided
- 2 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from a ruling on an advocate's bill of costsCoramO. A. ANGOTE
Holding
The reference is not time-barred and is merited.
Facts
The applicant filed a bill of costs against the respondent for representing the latter in an ELC Civil case, but the taxing master awarded the respondent a sum of Kshs. 208,257.12. The applicant now seeks to have the ruling set aside and the bill of costs taxed afresh.
Issues
- Whether the reference is time-barred under Rule 11 of the Advocates Remuneration Order
- Whether the reference is merited
Reasoning
The court found that the reference was filed out of time with the leave of the court, and the applicant did not seek reasons from the taxing master before filing the reference.
Outcome
The reference is allowed.
Orders
- The applicant's bill of costs to be taxed afresh by a taxing master other than Hon. Diana Orago
- Each party to bear its/his own costs
Authorities cited
Legislation (2)
- Advocates Remuneration Order
- Civil Procedure Act
Cases cited (4)
- Del Monte Kenya Limited vs Kenya National Chamber of Commerce and Industry (KNCCI) Murang’a Chapter & 2 Others
- Premchand Raichand Limited & Another vs Quarry Services of East Africa Limited and Another
- Joreth Ltd vs Kigano & Associates
- First American Bank of Kenya vs Shah
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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