Chaudhri Associates v Registered Trustees of Sheikh Zayeed Bin Sultan Al-Nahyan (Miscellaneous Civil Application E203 of 2022) [2026] KEELC 4799 (KLR) (21 July 2026) (Ruling)

Chaudhri Associates v Registered Trustees of Sheikh Zayeed Bin Sultan Al-Nahyan (Miscellaneous Civil Application E203 of 2022) [2026] KEELC 4799 (KLR) (21 July 2026) (Ruling)

The client’s reference failed at the threshold because no notice of objection to taxation was filed, making the reference incompetent. Even on the merits, no actionable error of principle was shown: the VAT award was lawful, the 50% uplift was permissible, and the taxation costs were within discretion. The...

Source-derived case information.

Citation
[2026] KEELC 4799 (KLR)
Parties
Advocate/applicant: Chaudhri & Associates; Client/respondent: The Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan
Court
Environment and Land Court
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E203 of 2022
Procedural Posture
Advocate Client Taxation Reference and Judgment on Certificate of Costs / Ruling on Client’s Reference and Advocate’s Application for Adoption of Certificate/judgment
Outcome
Client’s reference dismissed; advocate’s application allowed; judgment entered for the advocate; costs awarded to the advocate
Judges
["JG Kemei"]
Legal Topics
Rule 11 Reference Competence, Notice of Objection to Taxation, Error of Principle in Taxation, VAT on Legal Fees, 50% Uplift on Advocate Client Costs, Costs of Taxation, Entry of Judgment on Certificate of Costs, Interest on Advocate Client Bill
Source Language
en
Advocates’ Remuneration Civil Procedure Taxation of Costs Land and Environment Litigation Rule 11 Reference Competence Notice of Objection to Taxation Error of Principle in Taxation VAT on Legal Fees +4 more

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Parties

Chaudhri & Associates

Advocate/applicant

The Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan

Client/respondent

Procedural Posture

Advocate Client Taxation Reference and Judgment on Certificate of Costs / Ruling on Client’s Reference and Advocate’s Application for Adoption of Certificate/judgment

  1. 1 Whether the client filed a competent reference under Paragraph 11 of the Advocates Remuneration Order
  2. 2 Whether the taxing master erred in principle in taxing the challenged items
  3. 3 Whether judgment should be entered for the advocate under section 51(2) of the Advocates Act

Ratio Decidendi

The client’s reference failed at the threshold because no notice of objection to taxation was filed, making the reference incompetent. Even on the merits, no actionable error of principle was shown: the VAT award was lawful, the 50% uplift was permissible, and the taxation costs were within discretion. The certificate of costs remained unaltered, so judgment properly issued for the advocate. Interest was awarded by the court in its discretion from one month after issuance of the certificate.

Court Disposition

Client’s reference dismissed; advocate’s application allowed; judgment entered for the advocate; costs awarded to the advocate

Orders

  • The Chamber Summons dated 9/2/2026 was dismissed with costs to the advocates.
  • The Notice of Motion dated 29/5/2026 was allowed.