Tom Ojienda & Associates v Mumias Sugar Company Limited (Miscellaneous Application 31, 32 & 33 of 2017 (Consolidated)) [2025] KEHC 10920 (KLR) (24 July 2025) (Ruling)

Facts

The Applicant, a law firm, filed a bill of costs against the Respondent, which was taxed by Hon. Mbulikah. The Respondent challenged the taxation and the Applicant filed a reference. The Respondent then filed an amended bill of costs, which was taxed by Hon. Akoth.

Issues

1. Whether the court in its ruling on 6th February, 2019 determined with finality that the value of the subject matter could not be ascertained from the pleadings.
2. Whether the court in its ruling on 6th February, 2019 determined with finality that the disbursements are not payable for lack of proof.
3. Subject to (a) and (b) above, whether this court has jurisdiction to determine the two issues, and if so, what are the court's findings on the same.
4. A determination as to the costs of the application.

Reasoning

The court will not consider the issues of finality of the court's ruling on the value of the subject matter and disbursements as they are not relevant to the current reference.

Outcome

The court will determine the issues in the order set out.