Mbugua & Mbugua Advocates v Kenindia Assurance Co. Ltd [2018] KEHC 6231 (KLR)
- Court
- High Court of Kenya
- Case number
- 6231
- Citation
- [2018] KEHC 6231 (KLR)
- Decided
- 23 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from a decision by a taxing masterCoramSergon
Holding
The bill of costs is not time barred and shall be remitted to a different taxing master with competent jurisdiction to tax the same.
Facts
The applicants were advocates for the respondent and filed a bill of costs based on work done in favor of the respondent. The taxing master disallowed the bill of costs, ruling that it was statute barred.
Issues
- Whether the bill of costs is time barred
- Whether the taxing master had jurisdiction to address the time-barred issue
Reasoning
The court found that the taxing master should not have addressed the issue of time-barred bill of costs, as it was beyond her jurisdiction. The court concluded that the bill of costs is not time barred in the absence of any proof by the respondent.
Outcome
Remitted to a different taxing master
Orders
- Remitted to a different taxing master with competent jurisdiction to tax the bill of costs
Remedies
- Remitted to a different taxing master with competent jurisdiction to tax the bill of costs
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22 Laws of Kenya
- Evidence Act, Cap 80 Laws of Kenya
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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