Said Abdalla Zubedi v Kenya Commercial Bank Ltd [2016] KEHC 3799 (KLR)
- Court
- High Court of Kenya
- Case number
- 3799
- Citation
- [2016] KEHC 3799 (KLR)
- Decided
- 14 July 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts AppealPostureAppeal from a decision to tax costsCoramJANET MULWA JUDGE
Holding
The court sets aside the taxing officer's decision and remits the case to the taxing officer to apply the formula provided for in the assessment of instructions fees.
Facts
The plaintiff filed a notice of objection to the taxation of the bill of costs, claiming the taxing officer failed to give reasons for her decision.
Issues
- Procedural requirements for filing a reference
- Taxing officer's failure to give reasons for the taxation decision
Reasoning
The court finds the taxing officer made an error in principle by failing to give due consideration to all relevant circumstances and reasons for the decision.
Outcome
The plaintiff's application is allowed, and the case is remitted to the taxing officer.
Orders
- Remit the case to the taxing officer to apply the formula for assessing costs
Remedies
- Remission of the case to the taxing officer
Authorities cited
Legislation (1)
- Advocates Renumeration Order 2009
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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