TERA WAIGWA WAIHENYA & DAN KAMUNYA WAIHENYA v CO-OPERATIVE BANK OF KENYA (Civil Case 673 of 2004) [2006] KEHC 2121 (KLR) (29 March 2006)
- Court
- High Court of Kenya
- Case number
- 2121
- Citation
- [2006] KEHC 2121 (KLR)
- Decided
- 29 March 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts DisputePostureReference by the defendant seeking to set aside the Taxing officer's decisionCoramMARY KASANGO
Holding
The taxation of item No. 1 of the bill of costs is set aside and remitted back for taxation by another taxing officer.
Facts
The plaintiff filed a suit and an injunction application, but did not disclose the value of the subject matter. The defendant objected to the taxation of the bill of costs, claiming the taxing officer misdirected himself.
Issues
- Taxing officer's decision on item No. 1 of the bill of costs
- Proper basis for assessing instruction fees
Reasoning
The taxing officer erred in principle by taking the figure from the Notification of sale to assess the instruction fees, as the pleadings did not disclose the value of the subject matter.
Outcome
The defendant is awarded the costs of the application.
Orders
- Remission of item No. 1 of the bill of costs for taxation by another taxing officer
- Award of costs of the application to the defendant
Remedies
- Remission of item No. 1 of the bill of costs for taxation by another taxing officer
- Award of costs of the application to the defendant
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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