K. Mberia & Partners Advocates v Property Reality Limited [2018] KEHC 7048 (KLR)
- Court
- High Court of Kenya
- Case number
- 7048
- Citation
- [2018] KEHC 7048 (KLR)
- Decided
- 4 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Misc. Reference ApplicationPostureAppeal from a ruling and certificate of taxationCoramMC Hugh
Holding
The court held that the taxing master has a legal duty to provide reasons for his decision as per statutory provisions and constitutional values.
Facts
The plaintiff, K. Mberia & Partners Advocates, challenged a certificate of taxed costs issued by the taxing master dated 23rd March 2018. The defendant, Property Reality Limited, held the certificate. The plaintiff sought a stay of execution of the certificate and its setting aside, along with costs.
Issues
- Whether the taxing master's failure to provide reasons for his decision undermines the integrity and sanctity of the process.
- Whether the taxing master has a legal duty to provide reasons for his decision as per statutory provisions and constitutional values.
Reasoning
The court reasoned that the taxing master's failure to provide reasons for his decision could lead to a miscarriage of justice and that giving reasons is a constitutional and legal duty.
Outcome
The court dismissed the application, upholding the certificate of taxed costs.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Administrative Action Act No. 4 of 2015
- Advocates Remuneration Order
Cases cited (2)
- Soulemezis Versus Dudley (Holdings) PTY Limited
- Commonwealth Versus Pharmacy guild of Australia
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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