Kimonye v Kenya Meat Commission; Co-operative Bank Ltd (Athi River) (Garnishee) (Cause 465 of 2017) [2023] KEELRC 3024 (KLR) (23 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3024
- Citation
- [2023] KEELRC 3024 (KLR)
- Decided
- 23 November 2023
Summary at a glance
TypeTaxation of CostsPostureRespondent's Application to Set Aside Taxing Master's Decision and Re-Tax Bill of CostsCoramJK GAKERI, Ojwang
The reference application is not merited.
Facts
The Respondent sought to set aside the Taxing Master's decision and re-tax the Bill of Costs, alleging errors of principle and misapplication of law.
Issues
- Whether the reference application to set aside the Taxing Master's decision is merited.
- Whether the Taxing Master's decision was based on an error of principle or manifestly excessive.
Reasoning
The court held that the Taxing Master's decision was not based on an error of principle and that the court cannot interfere with the Taxing Master's decision unless it is shown that the decision was based on an error of principle or the fee awarded was manifestly excessive.
Outcome
The reference application is dismissed.
Orders
- The reference application is dismissed.
- The Taxing Master's decision is upheld.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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