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DONHOLM RAHISI STORES (suing as a firm) v EAST AFRICA PORTLAND CEMENT LIMITED [2005] KEHC 349 (KLR)

[2005] KEHC 349 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
349
Citation
[2005] KEHC 349 (KLR)
Decided
6 July 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant applied for stay of taxation of costs awarded to KunoCoramH.P.G. WAWERU
Holding

Court has no jurisdiction to order a stay of taxation of costs

Facts

Kuno was awarded costs for defending a counterclaim, and subsequently filed a bill of costs for taxation. Defendant applied for a stay of the taxation.

Issues

  1. Court's jurisdiction to stay taxation of costs
  2. Nature of taxation of costs

Reasoning

Taxation of costs is a special jurisdiction reserved to the taxing officer by the Advocates (Remuneration) Order. The court cannot interfere with this jurisdiction.

Outcome

Application for stay of taxation of costs is struck out

Orders

  • Application for stay of taxation of costs is struck out

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Civil Procedure Rules
  • 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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