Republic v Sugar Arbitration Tribunal & 3 others Exparte Chemelil Sugar Company Limited & another [2017] KEHC 2191 (KLR)
- Court
- High Court of Kenya
- Case number
- 2191
- Citation
- [2017] KEHC 2191 (KLR)
- Decided
- 6 October 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte applicants filed references seeking to set aside the assessment of costs by the Deputy RegistrarCoramD.S. MAJAN, Ojwang
Holding
The instruction fees are set at Kshs. 250,000.00 each for the bills of costs filed against the ex-parte applicants. The Deputy Registrar's decisions in respect of the bills of costs are set aside.
Facts
The ex-parte applicants and interested parties had a dispute over a claim for losses incurred by sugar farmers who delivered cane to the ex-parte applicants between July 2009 and September 2010. The ex-parte applicants opposed the claim and the Sugar Arbitration Tribunal ordered them to provide particulars.
Issues
- The Deputy Registrar's assessment of instruction fees
- The Deputy Registrar's assessment of costs
Reasoning
The court found that the value of the subject matter was not a decisive consideration and the matter was a straightforward application for orders of judicial review.
Outcome
The ex-parte applicants' references are successful.
Orders
- The Deputy Registrar is directed to certify the amount due to the interested parties in accordance with this decision
- The instruction fees are set at Kshs. 250,000.00 each for the bills of costs filed against the ex-parte applicants
Remedies
- The Deputy Registrar's decisions in respect of the bills of costs are set aside
- The ex-parte applicants are awarded costs at Kshs. 10,000.00 each
Authorities cited
Legislation (1)
- Advocates Remuneration Order
Cases cited (1)
- D'Sonza v Ferrao
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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