Akide & Company Advocates v Kenindia Assurance Company Limited [2021] KEHC 5504 (KLR)
- Court
- High Court of Kenya
- Case number
- 5504
- Citation
- [2021] KEHC 5504 (KLR)
- Decided
- 29 June 2021
AI Summary
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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 9 years after the judgment was delivered. The case was finalized in 2007, and the applicant had a series of similar matters.
Issues
- Whether the bill of costs is time barred
- Whether the taxing officer had jurisdiction to determine the issue of limitation
Reasoning
The limitation period for filing a bill of costs starts running from the date of completion of the work intended to be done. The applicant filed the bill of costs more than six years after the completion of the work, which is statute-barred by virtue of section 4(1)(a) of the Limitation of Actions Act.
Outcome
The bill of costs is dismissed
Orders
- The parties are directed to address the court on the issue of the bill of costs being time barred and the necessary documentation
Authorities cited
Legislation (1)
- Limitations of Actions Act, Cap 22 Laws of Kenya
Cases cited (2)
- Mukhisa Biscuit Company case
- Miscellaneous Civil Application No. 667 of 2013
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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