[2020] KEHC 2401 (KLR)
The court found that the respondent's claim was not quantified in the pleadings, contrary to the applicant's assertion. The Taxing Master had taxed the bill of costs in accordance with the Advocates Remuneration Order and the applicable Rules. The applicant failed to demonstrate any error in principle or law by the...
Source-derived case information.
- Citation
- [2020] KEHC 2401 (KLR)
- Parties
- Plaintiff: Bedrock Holdings Limited; Defendant: Bedrock Security Services Limited; Defendant: Erick Ouma Okeyo; Applicant: Patrick Ochieng Odipo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 134 of 2009
- Procedural Posture
- Chamber Summons / Reference Against Taxation of Bill of Costs
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Taxation of Costs, Advocates Remuneration Order, Reference Procedure
- 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
Bedrock Holdings Limited
Plaintiff
Bedrock Security Services Limited
Defendant
Erick Ouma Okeyo
Defendant
Patrick Ochieng Odipo
Applicant
Procedural Posture
Chamber Summons / Reference Against Taxation of Bill of Costs
Legal Issues
- 1 Whether the Taxing Master erred in taxing the bill of costs on the basis that the respondent's claim was not quantified.
- 2 Whether the applicant is entitled to have items 1 and 2 of the bill of costs allowed as drawn.
Ratio Decidendi
The court found that the respondent's claim was not quantified in the pleadings, contrary to the applicant's assertion. The Taxing Master had taxed the bill of costs in accordance with the Advocates Remuneration Order and the applicable Rules. The applicant failed to demonstrate any error in principle or law by the Taxing Master. The respondent, despite alleging excessiveness, did not file a reference. Accordingly, the court held that there was no merit in the applicant's reference and dismissed the Chamber Summons.
Court Disposition
application dismissed
Orders
- The Chamber Summons dated 12.06.2020 is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
CIVIL SUIT NO.134 OF 2009
BEDROCK HOLDINGS LIMITED........................PLAINTIFF/RESPONDENT
VERSUS
BEDROCK SECURITY SERVICES LIMITED.......................1STDEFENDANT
ERICK OUMA OKEYO..............................................................2NDDEFENDANT
PATRICK OCHIENG ODIPO............................3RDDEFENDANT/APPLICANT
RULING
1. By Chamber Summons dated 12. 06. 2020 brought under Rule 11 of the Advocates Remuneration Order, the Applicant challenges theTaxing Master’s decision on items 1 and 2 in its bill of costs dated 29. 05. 2020 and prays that the items be allowed as drawn.
2. The Application is based mainly on the ground that theRespondent’s claim was partly quantified. A perusal of the pleadings in this suit however disclose that the Respondent’s claim was not quantified.
3. The Respondent in his replying affidavit sworn on 24. 07. 2020 though claiming that the taxed sum is excessive did not file a reference.
4. I have carefully considered the reference in the light of the affidavits on record.
5. The Application is based mainly on the ground that the Respondent’s claim was partly quantified. A perusal of the pleadings in this suit however disclose that the Respondent’s claim was not quantified.
6. I have considered the reasons for taxation contained in the TaxingMaster’s ruling dated 29. 05. 2020 and I am persuaded that the bill of costs was taxed in terms of the Advocates Remuneration Order and the Rules thereto.
7. Consequently, the Chamber Summons dated 12. 06. 2020 is without merit and it is dismissed.
DATED AT KISUMU THIS 21st DAY OF October 2020
T. W. CHERERE
JUDGE
Court Assistants - Ms. Amondi/Ms. Okodoi
For Applicant - Mr. Otieno for Owiti, Otieno & Ragot Advocate
For Respondent- Mr. Mwamu for Mwamu & Co. Advocates