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4MB Mining Limited C/O Ministry of Mining, Juba Republic of South Sudan v Misnak International (UK) Limited; Total Link Logistics & 2 others (Interested Parties) [2021] KEHC 8842 (KLR)

[2021] KEHC 8842 (KLR) High Court of Kenya
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Court
High Court
Case number
8842
Citation
[2021] KEHC 8842 (KLR)
Decided
12 February 2021
Judge
DO Chepkwony
Parties
raw · defendants · plaintiffs
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureAppeal from a decision of the Deputy Registrar of the High CourtCoramDO Chepkwony
Holding

The Court upholds the taxation of costs but sets aside the assessment of instruction fees under

Facts

The Defendant/Applicant objects to the taxation of costs by the Deputy Registrar, arguing that the instruction fees and getting up fees were incorrectly assessed.

Issues

  1. Correct assessment of instruction fees under Advocates Remuneration Order
  2. Applicability of
  3. other matters

Reasoning

The Court finds that the Deputy Registrar erred in assessing instruction fees under

Outcome

The Court upholds the taxation of costs but sets aside the assessment of instruction fees under

Orders

  • Remands the bill of costs for re-taxation before a different taxing officer
  • Remits the bill of costs for re-taxation before a different taxing officer
  • Remits the bill of costs for re-taxation before a different taxing officer
  • Remits the bill of costs for re-taxation before a different taxing officer
  • Remits the bill of costs for re-taxation before a different taxing officer
  • Remits the bill of costs for re-taxation before a different taxing officer

Authorities cited

Legislation (2)
  • Advocates (Remuneration) (Amendment) Order 2014
  • Advocates Remuneration Order
Cases cited (2)
  • First American Bank of Kenya vs. Shah and Others [2002] 1 EA 64
  • Republic v Commissioner of Domestic Taxes Ex-Parte Ukwala Supermarket Limited & 2 others [2018] eKLR
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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