Uzuri Foods Limited v Maina (Miscellaneous Application E043 of 2023) [2023] KEELRC 1387 (KLR) (31 May 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1387
- Citation
- [2023] KEELRC 1387 (KLR)
- Decided
- 31 May 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for stay of execution and review of taxation of costsCoramJames Rika
The Court declines the reference, with costs to the Respondent, as the Applicant has not shown an error in principle or that the quantum was manifestly excessive or too low in the second taxation.
Facts
Uzuri Foods Limited applied for a stay of execution of the Taxing Officer's ruling certifying costs due to Maina at Kshs 203,075, and for the Court to review and/or set aside the decision of the Taxing Officer. The Applicant claimed the second taxation was excessive and in breach of natural justice.
Issues
- whether the Court should interfere with the Taxing Officer's decision on costs
- whether the second taxation was excessive and in breach of natural justice
Reasoning
The Court found that the second taxation was a de novo process and the Taxing Officer provided specific reasons for each taxed item. The Applicant's main grievance was misconceived.
Outcome
Declined reference, costs to the Respondent
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