Seventh -Day Adventist Church E.A Ltd (Nairobi East SDA Church) v Strathmore Edu. Centre & 2 others (Environment and Land Miscellaneous Application 303 of 2011) [2024] KEELC 4642 (KLR) (6 June 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4642
- Citation
- [2024] KEELC 4642 (KLR)
- Decided
- 6 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureReference on taxation of costs filed out of timeCoramAA OMOLLO, Odunga, Ojwang
Holding
Allow the reference and find merit in it, as the nature of the orders sought were not complex and the taxing master did not apply her discretion judiciously.
Facts
The Applicant filed a reference on taxation of costs for two items in the 2nd and 3rd Defendant's Bills of Costs, arguing the Taxing Master erred in principle and misdirected herself.
Issues
- Whether the reference is incompetent for being filed out of time
- Whether the Taxing Master erred in principle while taxing the costs
Reasoning
The taxing master's award of Kshs 1,200,000 for instruction fees was not justified due to the simplicity of the case and the lack of complexity in the matter.
Outcome
Allow the reference
Orders
- Allow the reference
Authorities cited
Cases cited (1)
- Premchand Raichand Ltd and another v Quarry Services of East Africa Ltd and others No 3 (1972 EA 162)
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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