Hakika Transport Services Limited v Isaac Onyango & Company Advocates (Miscellaneous Application E022 of 2023) [2023] KEELRC 2343 (KLR) (28 September 2023) (Ruling)

Facts

Hakika Transport Services Limited filed an application challenging the taxation of an Advocates Bill of Costs by a taxing master in a previous case (Mombasa ELRC No. E066 of 2022). The applicant alleged errors in the taxation and sought a remand for a fresh taxation.

Issues

1. Taxing master's failure to consider the award in the claim
2. Taxing master's exercise of discretion in taxing instruction fee
3. Taxing master's finding that the Bill was drawn to scale
4. Taxing master's award of costs at an aggregate sum of Kshs. 852,762.50
5. Taxing master's failure to consider public policy implications on the sustained practice of law

Reasoning

The court found that the applicant failed to comply with the rules for filing a reference and that the application was premised on a separate cause not before the court. The court also noted that the applicant did not provide the Advocate's Bill of Costs or the ruling from the previous case.

Outcome

Struck out

Authorities cited