Conrad Maloba Associates v Music Copyright Society of Kenya (MSCK) (Miscellaneous Cause E1018 of 2020) [2021] KEHC 310 (KLR) (Commercial and Tax) (29 November 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 310
- Citation
- [2021] KEHC 310 (KLR)
- Decided
- 29 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts DisputePostureApplicant seeks to set aside a decision by the Deputy Registrar regarding costsCoramJustice, Lenaola, MW MUIGAI
Holding
The Court dismissed the application as the Deputy Registrar's decision was not shown to be an error in principle
Facts
The Applicant filed a Chamber Summons Application for orders to set aside a decision by the Deputy Registrar regarding instruction fees, fees for getting up and preparing for trial, and increased fees on the Applicant's Bill of Costs.
Issues
- Whether the Deputy Registrar's decision should be set aside
- Whether the Deputy Registrar failed to consider relevant factors in calculating instruction fees
Reasoning
The Court held that the taxation of costs is a matter of opinion based on experience and will only interfere if it is shown that the decision was based on an error of principle or the fee awarded was manifestly excessive.
Outcome
The Chamber Summons Application is dismissed
Orders
- The Chamber Summons Application is dismissed
Authorities cited
Cases cited (1)
- Premchand Raichand Ltd Another vs Quarry services of East Africa Ltd and Another
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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