Khushbir Harjeet Singh Chadha v Wesley Maranga Robinson Gichaba [2020] KEHC 8738 (KLR)
- Court
- High Court of Kenya
- Case number
- 8738
- Citation
- [2020] KEHC 8738 (KLR)
- Decided
- 20 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil CausePostureApplication to set aside and remit a decision of the Taxing MasterCoramT.W. CHERERE
Holding
The Taxing Master's decision to tax the advocate/client bill of costs is set aside and remitted to the Taxing Master for re-taxation.
Facts
The applicant sought to challenge the Taxing Master's decision to tax the advocate/client bill of costs at Kshs. 3,889,249.50, alleging that the Taxing Master did not give reasons for the decision and that the bill was grossly excessive.
Issues
- Whether the Taxing Master's decision to tax the advocate/client bill of costs should be set aside, reversed, reviewed, or otherwise varied.
- Whether the Taxing Master's decision was in accordance with the Advocates Remuneration Order and the Advocates Act.
Reasoning
The Taxing Master's ruling was not accompanied by reasons, which is a breach of the legal duty to give written reasons for any decision reached in the course of a judicial process.
Outcome
The Taxing Master's decision is set aside and remitted for re-taxation.
Orders
- The decision and award of the Taxing Master given and made vide a ruling delivered on 10th August, 2018 is set aside and remitted to the Taxing Master for re-taxation.
- The costs of this application will abide the outcome of the taxations.
Remedies
- Re-taxation of the advocate/client bills
Authorities cited
Legislation (3)
- Administrative Action Act No. 4 of 2015
- Advocates Remuneration Order
- Kisumu HCCC No. 61 of 2001
Cases cited (1)
- Soulemezis Versus Dudley (Holdings) PTY Limited
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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