Mumias Sugar Company Limited v Tom Ojienda & Associates [2018] KEELRC 2397 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2397
- Citation
- [2018] KEELRC 2397 (KLR)
- Decided
- 8 February 2018
The taxing master's valuation of the subject matter was incorrect, and the instruction fees were raised by one half, contrary to established principles. The bill of costs is directed to be re-submitted for taxation before another taxing master.
Facts
The Applicant, MUMIAS SUGAR COMPANY LIMITED, sought to vary and set aside the Hon. W. Ngumi's ruling on the Respondent's bill of costs, arguing that the taxing master erred in law and in fact by relying on Kshs.1,000,000 as the value of the subject matter instead of Kshs.175,520 as per the judgement.
Issues
- Taxing Master's valuation of the subject matter
- Taxing Master's application of law in raising instructing fees
- Taxing Master's consideration of the Applicants' submissions
- Taxing Master's award of disbursements without evidence
- Taxing Master's award of costs
- Arithmetical errors in the bill of costs
Reasoning
The taxing master's valuation of the subject matter was incorrect, and the instruction fees were raised by one half, contrary to established principles. The bill of costs is directed to be re-submitted for taxation before another taxing master.
Outcome
Application allowed
Orders
- Bill of costs to be re-submitted for taxation before another taxing master
Remedies
- Re-submission of bill of costs for taxation
Authorities cited
Legislation (2)
- Advocates (Remuneration) Order 2009
- Civil Procedure Act
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