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Mwangi Keng’ara & Company Advocates v Invesco Assurance Company Limited [2014] KEHC 552 (KLR)

[2014] KEHC 552 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
552
Citation
[2014] KEHC 552 (KLR)
Decided
31 October 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureApplicant seeks to set aside the decision of the taxing officer and remit the Bill of Costs for re-taxationCoramR.E. OUGO
Holding

The decision of the taxing officer is set aside and the Bill of Costs is remitted back for taxation

Facts

The applicant, Mwangi Keng’ara & Company Advocates, seeks to have the decision of the taxing officer set aside due to the taxing officer's failure to consider the Bill of Costs filed by the client, Invesco Assurance Company Limited, on 8th May 2013.

Issues

  1. Decision of the taxing officer is bad in law and in principle
  2. Taxing officer failed to consider the Bill of Costs filed by the client
  3. Taxing officer denied the advocate a chance to have the Bill of Costs taxed to determine the rightful fees for the advocate

Reasoning

The taxing officer's decision was flawed as it did not consider the Bill of Costs filed by the client, which was paid on 28th May 2013.

Outcome

Set aside

Orders

  • Decision of the taxing officer set aside
  • Remit the Bill of Costs for re-taxation

Remedies

  • Remedies to be determined by a new taxing officer

Authorities cited

Legislation (2)
  • Advocates (Remuneration) Order
  • Advocates Act
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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