Rachuonyo & Rachuonyo Advocates v Kenya National Capital Corporation Limited (Civil Miscellaneous Application E1082 of 2020) [2022] KEHC 3324 (KLR) (Civ) (1 July 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3324
- Citation
- [2022] KEHC 3324 (KLR)
- Decided
- 1 July 2022
The court held that the taxing officer erred in principle by considering interest as part of the value of the subject matter and by not applying the correct principle in determining instruction fee.
Facts
Rachuonyo & Rachuonyo Advocates filed a bill of costs against Kenya National Capital Corporation Limited. The taxing officer allowed the bill at Kshs. 66,937,813.50, including Kshs. 156,938,000 from the plaint and Kshs. 550,000,000 from the counterclaim. The client challenged the decision.
Issues
- Whether the taxing officer correctly identified the value of the subject matter for instruction fee
- Whether the taxing officer applied the correct principle in determining instruction fee
- Whether the taxing officer erred in considering interest as part of the value of the subject matter
Reasoning
The court ruled that the taxing officer should identify the value of the subject matter from the pleadings, judgment, or settlement, and that interest should not be included in this value. The court also found that the taxing officer applied a wrong principle in determining instruction fee.
Outcome
The application was granted, and the bill of costs was remitted for taxation afresh with directions on the correct approach.
Orders
- Remission of the bill of costs for taxation afresh
Remedies
- Remission of the bill of costs for taxation afresh
Authorities cited
Legislation (1)
- Advocates Remuneration Order
Cases cited (4)
- Nyangito & Co Advocates v Doinyo Lessos Creameries Ltd (HCCMISC. Cause No. 843 of 2013)
- Vipul Premchand Haria v Kilonzo & Co Advocates [2020] eKLR
- Rogan-Kemper v Lord Grosvenor (No.3) [1977] KLR 303
- Bank of Uganda v Banco Arabe Espaniol (Civil Application No. 29 of 2019)
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