Terra Craft Limited v Kenya Pipeline Company Limited [2014] KEHC 3408 (KLR)
- Court
- High Court of Kenya
- Case number
- 3408
- Citation
- [2014] KEHC 3408 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts AppealPostureAppeal from a decision of the Taxing OfficerCoramJ. B. HAVELOCK
Holding
The decision of the Taxing Officer is set aside as regards Item No. 1 only, and the Party/Party Bill of Costs dated 8th July 2010 is put before another Taxing Officer for the re-taxation of that one item only.
Facts
The Plaintiff filed a suit against the Defendant, which was dismissed for want of prosecution. The Plaintiff then filed a Reference seeking to set aside the Taxing Officer's decision and referred the party/party Bill of Costs back to the Taxing Officer.
Issues
- Taxing Officer's assessment of instruction costs
- Taxing Officer's consideration of the Plaintiff's submissions
- Taxing Officer's failure to consider the suit's dismissal for want of prosecution
- Taxing Officer's failure to consider the matter's referral to arbitration
Reasoning
The Taxing Officer erred in principle by assessing the instruction fees based on the value of the two contracts as between the parties, rather than the losses the Plaintiff feared it would incur. The suit did not proceed to hearing.
Outcome
Appeal successful
Orders
- Decision of the Taxing Officer is set aside as regards Item No. 1 only
- Party/Party Bill of Costs dated 8th July 2010 is put before another Taxing Officer for re-taxation of that one item only
Remedies
- Re-taxation of Item No. 1 of the Party/Party Bill of Costs
Authorities cited
Legislation (3)
- Advocates (Remuneration) (Amendment) Order 2009
- Advocates (Remuneration) (Amendment) Order 1996
- Advocates (Remuneration) (Amendment) Order 2006
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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