Alfred Ochieng Opiyo t/a Ochieng Opiyo & Co. Advocates v Muganda Wasulwa t/a Keysian Auctioneers [2018] KEELRC 1748 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1748
- Citation
- [2018] KEELRC 1748 (KLR)
- Decided
- 13 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureAppeal from a decision to tax costsCoramRadido Stephen
Holding
The Court finds no error of law or principle on the part of the Taxing Officer and dismisses the application with costs to the applicant.
Facts
The applicant, Alfred Ochieng Opiyo, had a bill of costs taxed at Kshs 82,972,151/- by the Taxing Officer. The Respondent auctioneer, Muganda Wasulwa, compromised the taxed costs at Kshs 8,000,000/- and subsequently filed an application to tax the costs at a lower amount.
Issues
- Whether the Respondent auctioneer can be ordered to pay the applicant based on the compromised amount
- Whether the Taxing Officer erred in concluding that the applicant successfully concluded his instructions at the point when the Bill of Costs was taxed at Kshs 82,972,151/-
Reasoning
The applicant acted upon the Respondent auctioneer’s instructions and had the bill of costs taxed at Kshs 82,972,151/-, and the Respondent auctioneer cannot deny the applicant the fruits of his professional labour.
Outcome
Appeal dismissed with costs to the applicant
Orders
- The application dated 9 April 2018 is dismissed with costs to the applicant
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.
Loading judgment…