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KENYA TEA DEVELOPMENT AGENCY LTD V J. M. NJENGA & CO. ADVOCATES [2008] KEHC 3873 (KLR)

[2008] KEHC 3873 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3873
Citation
[2008] KEHC 3873 (KLR)
Decided
25 April 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCosts TaxationPostureReference against taxation of an advocate and client bill of costsCoramH. P. G. WAWERU
Holding

The court upheld the taxation of the advocate and client bill of costs.

Facts

The applicant, Kenya Tea Development Agency Ltd, challenged the taxation of an advocate and client bill of costs at KShs. 23,229,871/00, which was based on a party and party taxation in the same suit. The bill included instruction fees and services rendered by a previous firm of advocates.

Issues

  1. Whether the taxing officer misdirected himself in finding that his discretion was limited to adopting the costs as taxed in the party and party bill of costs.
  2. Whether the costs included interest specifically awarded to the plaintiff in the suit and fees for services rendered by a previous firm of advocates.

Reasoning

The court held that the taxing officer had the discretion to adopt the costs as taxed in the party and party bill of costs, and that the costs included interest specifically awarded to the plaintiff and fees for services rendered by a previous firm of advocates.

Outcome

Affirmed

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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