Nyandoro and Company Advocates v National Water Conservation and Pipeline Corporation; Kenya Commercial Bank Group Limited (Garnishee) [2020] KEHC 3420 (KLR)
- Court
- High Court of Kenya
- Case number
- 3420
- Citation
- [2020] KEHC 3420 (KLR)
- Decided
- 27 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal from a judgment setting aside a taxed bill of costsCoramD. S. MAJANJA
Holding
The court finds that the application is a collateral attack on a valid judgment and strikes it out with costs to the Client.
Facts
The Advocates filed a bill of costs for Kshs. 41,602,804.20, which was taxed and awarded by the Deputy Registrar. The Client was not present or represented when the bill was taxed. The Advocates then filed a motion for judgment on the taxed costs, which was granted. The Client then filed a motion to set aside the taxed costs.
Issues
- Whether the court has jurisdiction to set aside a valid judgment on a collateral attack
- Whether the court can re-open proceedings before the Deputy Registrar
Reasoning
The court has already entered a judgment on the taxed costs and cannot re-open the proceedings. The application is therefore a collateral attack on a valid judgment.
Outcome
The application is struck out with costs to the Client.
Orders
- The application for setting aside the taxed costs is struck out with costs to the Client.
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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