Apollo Insurance Co. Ltd v Parekh [2005] KEHC 3039 (KLR)
- Court
- High Court of Kenya
- Case number
- 3039
- Citation
- [2005] KEHC 3039 (KLR)
- Decided
- 28 January 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Appellant appeals from the taxing master's decisionCoramJ.B. Ojwang
Holding
The Court upholds the judgement sum of Kshs.400,000/= and the costs assessed on that basis, rejecting the Appellant's arguments on the applicable edition of the Remuneration Orders and the level of instruction fees.
Facts
The case involved a dispute over the appropriate level of costs to be assessed in a matter concluded in 2000, with the judgment sum of Kshs.280,000/= within the pecuniary jurisdiction of the Subordinate Courts.
Issues
- the basis of the taxing master's decision
- the applicable edition of the Advocates (Remuneration) Order
- the level of instruction fees
- the applicability of Subordinate Court scales
Reasoning
The Court finds that the taxing master's decision was not misdirected on a matter of principle and that the costs as taxed are not extravagant.
Outcome
Affirmed
Orders
- The Appellant's prayer to set aside the taxing master's decision is refused
- The Appellant's prayer to refer the matter back to the taxing master is refused
- The Appellant shall bear the costs of the appeal
Authorities cited
Legislation (1)
- Advocates (Remuneration) Order
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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