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Mua Park Investments Limited v Kenya National Assurance Company Ltd (In Liquidation) & another [2005] KEHC 2608 (KLR)

[2005] KEHC 2608 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2608
Citation
[2005] KEHC 2608 (KLR)
Decided
27 May 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication to set aside order striking out bill of costsPostureApplication dismissed with costsCoramO. K. MUTUNGI
Holding

The application is dismissed with costs to the Plaintiff/Respondent.

Facts

The Plaintiff sought to set aside the Deputy Registrar's order striking out the Defendant's bill of costs and to allow the bill to proceed for taxation.

Issues

  1. Deputy Registrar's jurisdiction to strike out bill of costs
  2. Deputy Registrar's duty to tax bills of costs
  3. Plaintiff's obligation to pay costs

Reasoning

The Deputy Registrar is the Taxing Master and has the duty to tax bills of costs pursuant to court decrees. However, if there are no items for taxation, it is not a violation to strike out the taxation bill.

Outcome

Application dismissed

Orders

  • Costs of the application to be awarded to the Plaintiff/Respondent

Authorities cited

Legislation (2)
  • Advocates (Remuneration) Order
  • Cap 21, Laws of Kenya
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.
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