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Akide & Company Advocates v Kenindia Assurance Company Limited [2021] KEHC 5497 (KLR)

[2021] KEHC 5497 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5497
Citation
[2021] KEHC 5497 (KLR)
Decided
29 June 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Taxation of CostsPostureRespondent filed a Preliminary ObjectionCoramS. Chitembe
Holding

The bill of costs is time barred and is hereby dismissed

Facts

The applicant filed a bill of costs for taxation 12 years after the judgment was delivered. The respondent argued the bill was time barred.

Issues

  1. Whether the bill of costs is time barred
  2. Whether the taxing officer had jurisdiction to determine the issue of limitation

Reasoning

The limitation period for filing a bill of costs starts from the date of completion of the work. The applicant completed the work over twelve years ago and did not submit a final fee note.

Outcome

The bill of costs is dismissed for being time barred

Orders

  • The parties are directed to address the court on the issue of the bill of costs being time barred and necessary documentation

Authorities cited

Legislation (1)
  • Limitations of Actions Act, Cap 22 Laws of Kenya
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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