Nyamogo & Nyamogo Advocates v Pan Africa Insurance Company Limited & another [2016] [2015] KEHC 113 (KLR)
- Court
- High Court of Kenya
- Case number
- 113
- Citation
- [2015] KEHC 113 (KLR)
- Decided
- 21 October 2015
The application is an abuse of the court process and should be struck out with costs.
Facts
The applicant, Nyamogo & Nyamogo Advocates, filed a suit for recovery of taxed costs in Milimani CM CC NO. 12625 of 2006. The suit was compromised, and the respondents paid kshs 69,975.75 cts. The costs in the suit were never agreed upon, leading to the applicant filing a miscellaneous cause seeking to have party and party costs taxed.
Issues
- Whether party and party costs could be taxed in the same suit where costs were awarded
- Jurisdiction of the taxing officer to tax party and party bills of costs
Reasoning
The applicant argued that the taxing officer had jurisdiction to tax party and party bills of costs as per paragraph 10 of the Advocates Remuneration Order. The applicant also claimed that the taxing officer misdirected herself and abused her jurisdiction by declining to tax the bill of costs.
Outcome
The application was struck out with costs.
Orders
- The bill of costs was struck out
- The application is an abuse of the court process
Authorities cited
Legislation (1)
- Advocates Remuneration Order
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