Alutalala Mukhwana t/a Alutalaia Mukhwana & Co. Advocates v Tom Ndeche & another [2021] KEHC 7380 (KLR)
- Court
- High Court of Kenya
- Case number
- 7380
- Citation
- [2021] KEHC 7380 (KLR)
- Decided
- 22 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureChamber Summons ApplicationCoramP. Nyamweya
Holding
The ruling of the taxing master was erroneous for applying the wrong provisions of the law and for failing to take into account relevant factors.
Facts
The 1st Respondent, Tom Ndeche, sought to review and set aside the Taxing Officer's ruling taxing the Applicant's Bill of Costs. The Applicant, Alutalala Mukhwana, opposed the ruling.
Issues
- Whether the taxing officer made an error of law and principle in taxing the Applicant's Bill of Costs.
- Whether the taxing officer failed to consider relevant evidence provided by the 1st Respondent.
Reasoning
The Court found that the taxing officer misdirected himself on a matter of principle and failed to consider relevant factors, thus justifying interference by the Court.
Outcome
The 1st Respondent's Chamber Summons application is allowed to the extent of setting aside the taxing master's ruling and remitting the Bill of Costs for fresh taxation.
Orders
- The ruling delivered on 29th October 2020 by the Taxing Master upon taxation of the Applicant's Bill of Costs be and is hereby set aside.
- The Applicant's Bill of Costs dated 27th July 2020 shall be remitted to another Taxing Master for fresh taxation.
- Each party shall meet their respective costs of the 1st Respondent's Chamber Summons dated 2nd November 2020.
Remedies
- Removal of the taxing officer's ruling and remitting the Bill of Costs for fresh taxation.
Authorities cited
Cases cited (8)
- Joreth Ltd vs Kigano & Associates [2002] 1 EA 92
- First American Bank of Kenya vs Shah and others [2002] E.A. 64
- Mukambi & Another vs Sole Electric (U) Ltd (1990-1994) EA 306
- Green Hills Investment Ltd vv China National Complete Plant Export Corporation (Complaint) T/A Covec [2004] 1 KLR 74
- Rogan-Kamper v Grosvenor [1989] KLR 362
- Premchand Raichand Ltd and Another V Quarry Services of East Africa Ltd and Others (No.3) [1972] EA 162
- Brampton Investment Limited v Attorney General & 2 Others [2013] eKLR
- First American Bank of Kenya vs Shah and others [2002] E.A. 64
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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