[2012] KEHC 5326 (KLR)
The court held that Rule 13(1) of the Advocates Remuneration Order does not require leave or direction of the court for taxation of bills, whether contentious or non-contentious. Therefore, the application for leave to have the Deputy Registrar tax costs was unnecessary and would serve no purpose. The proper...
Source-derived case information.
- Citation
- [2012] KEHC 5326 (KLR)
- Parties
- Applicant: Alloys Obunga Aboge t/a Aboge & Co. Advocates; Respondent: Kenya Electricity Generalco. Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 320 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Leave to Tax Costs
- Outcome
- application dismissed
- Legal Topics
- Taxation of Costs, Advocates Remuneration Order, Leave to Tax, Debt Collection Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alloys Obunga Aboge t/a Aboge & Co. Advocates
Applicant
Kenya Electricity Generalco. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Leave to Tax Costs
Legal Issues
- 1 Whether leave of the court is required under Rule 13(1) of the Advocates Remuneration Order to tax costs arising from debt collection briefs.
- 2 Whether the Deputy Registrar can tax the bill without leave of the court.
Ratio Decidendi
The court held that Rule 13(1) of the Advocates Remuneration Order does not require leave or direction of the court for taxation of bills, whether contentious or non-contentious. Therefore, the application for leave to have the Deputy Registrar tax costs was unnecessary and would serve no purpose. The proper procedure is for the bill to be filed for taxation before a taxing master without seeking leave of the court.
Court Disposition
application dismissed
Orders
- The application for leave to have the Deputy Registrar tax costs is declined.
- The bill should be filed for taxation before a taxing master.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
MISC. CIVIL NO. 320 OF 2010
ALLOYS OBUNGA ABOGE T/AABOGE & CO. ADVOCATES...............................ADVOCATE/APPLICANT
-VERSUS-
KENYA ELECTRICITY GENERALCO. LTD..............................................................................DEFENDANT
R U L I N G
1. The application before me is a notice of motion dated 25th November, 2010 brought pursuant to Rule 13(10, (2) & (3) of the advocates remuneration order.
2. The application seeks for leave to have the Deputy Registrar tax costs arising out of debt collection briefs and costs. The same is based on the allegation that the respondent has neglected to pay demanded fees thus the applicant seeks determination of amounts payable.
3. The application was objected to by the respondent who filed grounds of opposition and a replying affidavit dated 28th of June, 2011.
4. My reading of Rule 13(1) (2) & (3) and Rule 2 of the advocates remuneration order is that the order and specifically part (1) deals with taxation of both contentious and non-contentious bill. Rule 13 (1) does not require leave or direction of the court.
5. For the above reason I decline to grant the order as the same will serve no purpose. The bill ought to be filed for taxation before a taxing master.
Costs in the cause.
DELIVERED THIS 16TH DAY OF FEBRUARY, 2012.
ALI-ARONI
JUDGE
In the presence of:
……………………………..… present for plaintiff/Applicant
……….…………………. present for Respondent/defendant