[2023] KEHC 25973 (KLR)
The court found that the Taxing Officer erred by not increasing the bill of costs by half as required under Schedule VII of the Advocates Remuneration Order. Exercising its jurisdiction, the court increased the instruction fees by half, resulting in a total taxed amount of KES 63,667. The rest of the items were...
Source-derived case information.
- Citation
- [2023] KEHC 25973 (KLR)
- Parties
- Applicant: B. Mbai & Co. Associates; Respondent: Invesco Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E196 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Reference Against Taxation of Bill of Costs
- Outcome
- Reference allowed in part; bill of costs increased and taxed at KES 63,667; costs of the reference awarded to the advocate.
- Judges
- AN Ongeri
- Legal Topics
- Taxation of Costs, Advocates Remuneration, Reference Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B. Mbai & Co. Associates
Applicant
Invesco Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Reference Against Taxation of Bill of Costs
Legal Issues
- 1 Whether the Taxing Officer erred in failing to increase the bill of costs by half as provided under Schedule VII of the Advocates Remuneration Order.
- 2 Whether the bill of costs should be placed before a different taxing officer for taxation or be re-taxed by the court.
- 3 Whether the applicant should be granted an extension of time to file the reference.
Ratio Decidendi
The court found that the Taxing Officer erred by not increasing the bill of costs by half as required under Schedule VII of the Advocates Remuneration Order. Exercising its jurisdiction, the court increased the instruction fees by half, resulting in a total taxed amount of KES 63,667. The rest of the items were taxed to scale. The court ordered the client to pay the advocate the taxed amount and awarded the costs of the reference to the advocate.
Court Disposition
Reference allowed in part; bill of costs increased and taxed at KES 63,667; costs of the reference awarded to the advocate.
Orders
- The bill of costs is taxed at KES 63,667.
- The client shall pay the advocate KES 63,667.
Full Case Text
Judgment text and source record
25 paragraphs
B. Mbai & Co. Associates v Invesco Assurance Co. Ltd (Civil Miscellaneous Application E196 of 2021) [2023] KEHC 25973 (KLR) (Civ) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 25973 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E196 of 2021
AN Ongeri, J
December 1, 2023
Between
B. Mbai & Co. Associates
Applicant
and
Invesco Assurance Co. Ltd
Respondent
Ruling
1. The application coming for consideration in this ruling is the reference dated 3/12/2021 brought under paragraph 11(2) and 4 of the Advocates (Remuneration) Order, Article 159 (2) (d) of the Constitutionof Kenya.
2. The applicant is contesting the bill of costs on the following grounds;i.Thatthe decision of the Taxing Officer dated 16th September 2021 on the Bill of Costs herein dated 23rd April 2021 be set aside and the bill of costs be placed before a different taxing officer for taxation.ii.Thatthe applicant be granted an extension of time within which to file this application and the same be deemed to have been filed in time.iii.Thatin the alternative to prayer 2, the Honourable court exercises its inherent jurisdiction and be placed to re-tax the bill of costs dated 23rd April 2021 afresh and/or make directions to a fresh taxation.iv.That the costs of this application be provided for.
3. The parties did not file any submissions.
4. The Taxing Master ought to have increased the bill of costs by half as provided under Schedule VII of the Advocates Remuneration Order.
5. I increase the instructions fees by half (12,600).
6. Tax the bill at 63,667. 00.
7. The rest of the items are taxed to scale.
8. The client to pay the advocate kshs.63,667. 00.
9. The costs of the reference to be paid by the client.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 1ST DAY OF DECEMBER, 2023. ..............................A. N. ONGERIJUDGEIn the presence of:……………………………. for the Applicant……………………………. for the Respondent