Midrock Water Drilling Co. Ltd & another v National Water Conservation and Pipeline Corporation [2014] KEHC 6090 (KLR)
- Court
- High Court of Kenya
- Case number
- 6090
- Citation
- [2014] KEHC 6090 (KLR)
- Decided
- 17 March 2014
The Court upholds the Taxing Master's decision on instruction fees and the assessment of certain items in the Bill of Costs, finding no error of principle or manifest excessiveness.
Facts
The Plaintiff, Midrock Water Drilling Co. Ltd, filed a suit in HCCC 45 of 2013 against the Defendant, National Water Conservation and Pipeline Corporation, regarding a contract dispute. The Plaintiff sought injunctive orders and a liquidated claim of Kshs. 20 million. The Defendant filed a counterclaim of Kshs. 73,500,000.
Issues
- Setting aside the Taxing Master's decision on instruction fees
- Reversing the Taxing Master's assessment of certain items in the Bill of Costs
Reasoning
The Court considers the value of the subject matter to be Kshs. 20 million and Kshs. 73,500,000, and the instruction fees are based on these values. The Court upholds the Taxing Master's exercise of discretion in increasing the instruction fees.
Outcome
Affirmed
Orders
- The Application to set aside the Taxing Master's decision on instruction fees is dismissed
- The Application to reverse the Taxing Master's assessment of certain items in the Bill of Costs is dismissed
Authorities cited
Legislation (1)
- Advocates (Remuneration) Amendment Order 2006
Cases cited (3)
- Steel Construction Petroleum Engineering (EA) Limited v Uganda Sugar Factory (1970) EA 141
- Joreth Limited Vs Kigano and Associates [2002] 1 E.A 92
- Premchand Raichand Limited & another Vs Quarry Services of East Africa Limited and another [1972] E.A 162
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