Nova Holdings Limited & another v County Government of Mombasa & 2 others (Constitutional Petition 52 of 2021) [2026] KEELC 817 (KLR) (19 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 817
- Citation
- [2026] KEELC 817 (KLR)
- Decided
- 19 February 2026
The Chamber Summons dated 19th December 2024 is incompetent and misconceived. The same is hereby struck out.
Facts
Nova Holdings Limited and Ashok Labshanker Doshi filed a Bill of Costs against the County Government of Mombasa and its Executive Committee Member, Land Housing and Physical Planning. The Taxing Officer taxed item 1 on instruction fees at Kshs. 28,250,000/=, which the Petitioners contested. The Respondents filed a Reference challenging the taxation decision.
Issues
- Whether the Respondents' Reference is competent and misconceived
- Whether the taxation decision should be set aside and item 1 remitted for re-taxation
Reasoning
The Respondents filed the Reference three months outside the statutory time, which was not justified. The reasons for the taxation decision were already provided by the Taxing Officer, and the Respondents had no reason to wait for further reasons.
Outcome
The Chamber Summons is struck out.
Orders
- The Chamber Summons dated 19th December 2024 is struck out
Authorities cited
Legislation (1)
- Advocates Remuneration Order, 2014
Cases cited (2)
- Kipkorir, Titoo & Kiara Advocates v The Deposit Protection Fund Board (2005) eKLR
- Evans Thiga Gaturu v Kenya Commercial Bank Limited (2012) KEHC 4274 (KLR)
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