Muri Mwaniki & Wamiti Advocates v Draft and Develop Engineers Ltd (Miscellaneous Application E253 of 2019) [2024] KEHC 4516 (KLR) (Commercial and Tax) (1 March 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4516
- Citation
- [2024] KEHC 4516 (KLR)
- Decided
- 1 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for setting aside a Taxing Order and remitting a Bill of Costs for further taxationCoramDO Chepkwony, Alfred Mabeya
Holding
The Deputy Registrar erred in law in taxing Item No. 1 of the Bill of Costs and the application is meritable. The Taxing Order is set aside and the Bill of Costs is remitted for further taxation.
Facts
The application pertains to a Bill of Costs dated 26th June, 2019, in a suit involving a contract for Kshs. 824,457,120.49. The matter has been pending for over twelve years.
Issues
- Whether the application is meritable
- Whether the Deputy Registrar erred in law in taxing Item No. 1 of the Bill of Costs
Reasoning
The court found that the Deputy Registrar erred in law by not considering the importance of the cause, the amount involved, the interest of the parties, and the general conduct of the proceedings when determining the instruction fees.
Outcome
The application is granted, the Taxing Order is set aside, and the Bill of Costs is remitted for further taxation.
Orders
- The Taxing Order is set aside
- The Bill of Costs dated 26th June, 2019 is remitted for further taxation
Remedies
- Remission of Item No. 1 of the Bill of Costs for further taxation
- Award of costs of the application
Authorities cited
Legislation (2)
- Advocates Remuneration Order
- Advocates Act
Cases cited (1)
- First American Bank Ltd v Shah and Another [2002] 1 EA 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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