National Lands Commission v Tom Ojienda & Associates [2018] KEHC 10171 (KLR)
- Court
- High Court of Kenya
- Case number
- 10171
- Citation
- [2018] KEHC 10171 (KLR)
- Decided
- 20 September 2018
The instruction fees were set aside and the bill of costs was re-taxed by the taxing master S.A. Opande, awarding Ksh 40 million to the advocate.
Facts
NLC instructed Tom Ojienda to file a reference before the Supreme Court regarding the mandate between NLC and the Ministry of Land Housing & Urban Development. The Supreme Court delivered an advisory opinion. NLC filed a reference against the taxation of the advocate/client bill of costs, which was set aside by Justice Ochieng. The case was then referred back to a different taxing master, who taxed the instruction fees at Ksh 65 million.
Issues
- Taxation of instruction fees in the advocate/client bill of costs
- Discretion of the taxing master in awarding fees
Reasoning
The court upheld the taxing master's decision to re-tax the instruction fees, considering the special expertise and research required for the Supreme Court reference.
Outcome
The instruction fees were set aside and the bill of costs was re-taxed by the taxing master S.A. Opande, awarding Ksh 40 million to the advocate.
Orders
- Instruction fees set aside
- Bill of costs re-taxed by taxing master S.A. Opande
Authorities cited
Cases cited (3)
- Premchand Raichand Ltd vs Quarry Services of East Africa Limited
- Kipkorir, Tito & Kiara Advocates vs Deposit Protection Fund Board
- Arthur vs Nyeri Electricity Undertaking
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