African Merchant Assurance Co. Ltd v Kenya Power & Lighting Co. Ltd [2020] KEHC 593 (KLR)
- Court
- High Court of Kenya
- Case number
- 593
- Citation
- [2020] KEHC 593 (KLR)
- Decided
- 30 December 2020
The Court upholds the decision of the taxing master and sets aside the Court of Appeal's order to strike out the suit with costs.
Facts
The plaintiff, African Merchant Assurance Co. Ltd, filed a suit against the defendant, Kenya Power & Lighting Co. Ltd, under the doctrine of subrogation seeking a liquidated sum of Kshs.82,253,214/= for loss and damage. The High Court awarded Kshs.71,527,412 plus costs and interest. The defendant appealed, and the Court of Appeal set aside the High Court's judgment and struck out the suit with costs.
Issues
- Taxation of instructions fees by the taxing master
- Complexity of the matter and expert evidence involved
Reasoning
The Court upholds the taxing master's decision as it was within the scope of Schedule VI of the Advocates Remuneration Order and applied the correct formulae.
Outcome
Affirmation of the taxing master's decision
Orders
- Affirmation of the taxing master's decision on instructions fees
Authorities cited
Legislation (1)
- Advocates Remuneration Order 2006
Cases cited (4)
- Kipkorir Titoo & Kiavi Advocates v Deposit Protection Fraud Board (2005) 1KLR 528
- Premichand Rainchand v Quarry Services of East Africa (1972) EA 162
- Leonard Kalunga Mbuvi t/a Kalunga Mbuvi & Advocates v Accredo & others (2011) Malindi Civil Application Number 59 of 2011
- Joreth v Kigano & Associates (EA 92)
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