David Cheruiyot & another v W.K Ngenoh t/a W.K Lessan & Co. Advocates [2020] KEHC 1771 (KLR)
- Court
- High Court of Kenya
- Case number
- 1771
- Citation
- [2020] KEHC 1771 (KLR)
- Decided
- 6 November 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeReferencePostureReference from the ruling on Advocate Client Bill of CostsCoramA. N. ONGERI
Holding
The reference is dismissed with orders that each party bear its own costs.
Facts
The applicants filed a reference from a bill of costs taxed on 7/5/2020, seeking to set aside the bill and re-tax it before a different master.
Issues
- Taxing Master's consideration of the value of the subject matter
- Taxing Master's application of Section 45 of the Advocates Act
- Taxing Master's handling of the Respondent's delay in prosecuting the matter
Reasoning
The court finds that the Taxing Master applied the correct principles and relied on the pleadings to determine the value of the subject matter. The court also finds that the Taxing Master did not err in principle and that the bill of costs is not manifestly excessive or inadequate.
Outcome
Dismissed
Orders
- Each party to bear its own costs
Authorities cited
Legislation (2)
- High Court Succession Act No. 37 of 2016
- Advocates Remuneration Order
Cases cited (3)
- JORETH LTD V KIGANO AND ASSOCIATES (2002)1 EA pg 92
- Johnson Kibunja Njoka & another v Joseph Njuguna & 2 others [2017] eKLR
- Arthur V. Nyeri Electricity Undertaking, [1961 E.A.497
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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