Ngatia & Associates Advocates v Interactive Gaming & Lotteries Limited [2017] KEHC 2789 (KLR)
- Court
- High Court of Kenya
- Case number
- 2789
- Citation
- [2017] KEHC 2789 (KLR)
- Decided
- 18 October 2017
The advocate's bill of costs is set aside on items 1 and 2, and VAT on disbursements is set aside. The bill of costs is remitted back to the Taxing Officer for re-taxation.
Facts
Ngatia & Associates Advocates were retained by Interactive Gaming & Lotteries Limited to file Judicial Review proceedings against the Betting Control and Licensing Board's revocation of the client's lottery permit. The advocate filed a bill of costs for taxation, which was challenged by the client.
Issues
- Whether the advocate's bill of costs should be taxed
- Whether the Taxing Officer's decision on instructions fees and VAT on disbursements is just and reasonable
Reasoning
The court found that the Taxing Officer erred in finding no agreement between the client and the advocate on the fees payable and in taxing the instructions fees and getting up fees.
Outcome
The advocate's bill of costs is set aside on items 1 and 2, and VAT on disbursements is set aside.
Orders
- The ruling and reasons for taxation dated 28th January 2016 by E.W. Mburu (Mrs) be and is hereby set aside on items 1 and 2.
- VAT charged on disbursements is hereby set aside.
- The Advocates Bill of Costs dated 28th January 2016 is hereby remitted back to the taxing officer Hon. E.W. Mburu (Mrs) for re-taxation of items 1 and 2 (instructions fees and getting up fees in line with the directions and guidelines set out in this ruling, adjusting the two items as appropriate.)
- VAT to apply to all other items except disbursements.
- Each party shall bear their own costs of this reference.
Remedies
- Remission of the advocate's bill of costs for re-taxation by the Taxing Officer
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