RAMESH NARAN PATEL V ATTORNEY GENERAL & ANOTHER [2012] KEHC 2033 (KLR)
- Court
- High Court of Kenya
- Case number
- 2033
- Citation
- [2012] KEHC 2033 (KLR)
- Decided
- 5 October 2012
The court sets aside the award of Ksh 400,000/= made by the learned Taxing Officer and substitutes therefor the sum of Ksh 210,000/= as instruction fees, and disallows any fees in respect of the item on Getting Up.
Facts
The applicant sought to have the Taxing Officer's ruling on the 2nd Respondent's bill of costs set aside, and to adjust the figures and reassess the fees due to the 2nd Respondent. The applicant also sought costs of the application.
Issues
- Setting aside the Taxing Officer's ruling on certain items of the bill of costs
- Adjusting the figures and reassessing the fees due to the 2nd Respondent
- Awarding costs of the application
Reasoning
The court disallows the award on Getting Up Fees as no viva voce evidence was adduced. The court also does not follow the practice of referring the matter to the Taxing Officer due to the low minimum fees set out in Schedule VI, para 1(l) which are deemed not to constitute a fair reimbursement.
Outcome
The applicant's application is granted in part, with the Taxing Officer's ruling set aside and a new award of instruction fees made.
Orders
- The Taxing Officer's ruling on certain items of the bill of costs is set aside
- The figures and fees due to the 2nd Respondent are adjusted
- The applicant is awarded Ksh 210,000/= as instruction fees
Remedies
- The applicant is awarded Ksh 210,000/= as instruction fees
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap. 21, Laws of Kenya)
- Advocates (Remuneration) Order
Cases cited (1)
- THOMAS JAMES ARTHUR VS. NYERI ELECTRICITY UNDERTAKING [1961] E.A. 492
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