John Mathiaka Kimundu v Lawrence Mwangi t/a Lawrence Mwangi & Co Advocates [2017] KEHC 5832 (KLR)
- Court
- High Court of Kenya
- Case number
- 5832
- Citation
- [2017] KEHC 5832 (KLR)
- Decided
- 13 April 2017
The taxing officer erred in awarding and adding one half of the instructions fees and getting up fees to the instructions fees. The objection to the taxation was filed out of time.
Facts
The plaintiff filed a suit against the defendant, which was struck out with costs on March 5, 2015. The plaintiff then applied to vary the taxation of the costs, raising the bill by half and awarding getting up fees to the defendant.
Issues
- Whether the taxing officer erred in awarding and adding one half of the instructions fees and getting up fees to the instructions fees
- Whether the objection to the taxation was filed out of time
Reasoning
The court found that the taxing officer erred in treating the party and party bill of costs as an advocate-client bill of costs and adding half of the instructions fees. The court also found that the objection to the taxation was filed out of time.
Outcome
The application to vary the taxation of the costs is allowed, and the party and party bill of costs is re-assessed and adjusted to Kshs.57,438/75.
Orders
- The taxing officer's ruling is set aside and varied.
- The party and party bill of costs dated 2nd June 2015 is re-assessed and adjusted to Kshs.57,438/75.
- Interim orders of stay of execution issued on the 10th October 2016 are discharged.
Remedies
- The party and party bill of costs is re-assessed and adjusted to Kshs.57,438/75.
Authorities cited
Legislation (1)
- Advocates Renumeration Order 2014
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