[2025] KEHC 2677 (KLR)
The court declined to proceed with the substantive determination of the reference application challenging the taxing master's decision, as there was a pending motion by the applicant's advocates to cease acting for the 5th defendant/respondent. The court held that the motion to cease acting must be heard and...
Source-derived case information.
- Citation
- [2025] KEHC 2677 (KLR)
- Parties
- Applicant: Detiland Company Limited; Respondent: Radio Africa Limited; Respondent: Star Publications Limited; Respondent: Julius Otieno; Respondent: Henry Makori; Respondent: Alex Sandike ole Magelo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E269 of 2024
- Procedural Posture
- Miscellaneous Application / Reference From Taxing Master Ruling
- Outcome
- Reference application stood over pending determination of advocates' motion to cease acting.
- Judges
- JN Mulwa
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Review of Taxing Master Decision, Party and Party Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Detiland Company Limited
Applicant
Radio Africa Limited
Respondent
Star Publications Limited
Respondent
Julius Otieno
Respondent
Henry Makori
Respondent
Alex Sandike ole Magelo
Respondent
Procedural Posture
Miscellaneous Application / Reference From Taxing Master Ruling
Legal Issues
- 1 Whether the taxing master erred in law and principle in assessing instruction fees at Kshs. 34,610 instead of Kshs. 5,658,900.
- 2 Whether the taxing master erred by taxing off Kshs. 4,190,000 as instruction fees on item 1 of the Party and Party Bill of Costs.
- 3 Whether the taxing master failed to consider the applicant's submissions dated 29/1/2024.
Ratio Decidendi
The court declined to proceed with the substantive determination of the reference application challenging the taxing master's decision, as there was a pending motion by the applicant's advocates to cease acting for the 5th defendant/respondent. The court held that the motion to cease acting must be heard and determined first, as it affects representation and the proper conduct of the proceedings. Accordingly, the court directed that the motion to cease acting be served and set down for inter partes hearing before any further steps are taken on the reference application.
Court Disposition
Reference application stood over pending determination of advocates' motion to cease acting.
Orders
- The motion dated 5/11/2024 by the 5th defendant's advocates to cease acting shall be served upon the 5th respondent in person and the other respondents.
- The motion to cease acting is to be set down for inter partes hearing on 2/04/2025.
Full Case Text
Judgment text and source record
34 paragraphs
Detiland Company Limited v Radio Africa Limited & 4 others (Miscellaneous Civil Application E269 of 2024) [2025] KEHC 2677 (KLR) (Civ) (6 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2677 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application E269 of 2024
JN Mulwa, J
March 6, 2025
IN THE MATTER OF THE ADVOCATES ACT, CAP 16 OF THE LAWS OF KENYA AND IN THE MATTER OF TAXATION OF COSTS BETWEEN ADVOCATE AND CLIENT
Between
Detiland Company Limited
Applicant
and
Radio Africa Limited
1st Respondent
Star Publications Limited
2nd Respondent
Julius Otieno
3rd Respondent
Henry Makori
4th Respondent
Alex Sandike ole Magelo
5th Respondent
(Being a reference from the Ruling of Honourable S.K Motari, Deputy Registrar High Court at Nairobi delivered on 22nd March 2024)
Ruling
1. By a Chamber Summons application dated 4/4/2024 brought under Rule 11 (1) and (2) of the Advocates Remuneration Order, Section 3A of the Civil Procedure Act, and all enabling provisions of the law, the 5th Defendant/Applicant seeks the following orders:1. That the decision of the taxing master delivered on 22/3/2024 in the Applicant’s Party and Party Bill of Costs dated 6/11/2023 be reviewed in terms of item 1 of the Bill of Costs.2. That the decision of the Taxing Master in the Party and Party Bill of Costs dated 6/11/2023 between the parties made on 22/3/2024 be reviewed in terms of items 2,6,8,10,12,13,14,16,17,18,19,21,23,26,27 and 28 of the Bill of Costs.3. That the costs of this application be provided for.
2. In the Applicant’s supporting affidavit sworn on an even date by Brian Otieno, advocate for the applicant, and grounds stated on its face, it is submitted that the learned taxing master erred in law and in principle by determining the amount of Kshs. 34, 610/= to be instruction fees whereas the same could be ascertained from the pleadings, the nature, importance and the complexity of the matter at Kshs. 5, 658,900/=.
3. Further the taxing master is faulted for taxing off a sum of Kshs. 4,190,000/= as instructions fees on item 1 on the Party and Party Bill of costs dated 6/11/2023 and on other items as enumerated above.
4. Additionally, the Taxing Master is faulted for failing to consider the Applicants submissions dated 29/1/2024 and thereby arrive at an unfair conclusion, hence the prayers sought in the chamber summons.
5. The summons are not opposed.
6. However, before proceeding to interrogation of the summons, the court notes that the Advocates acting for the Applicant, the 5th Defendant/Respondent, Brian Otieno & company Advocates by a motion dated 5/11/2024 sought leave to cease acting for the said 5th defendant. This motion was filed after the motion under review dated 4/4/2024, and the records show that it is yet to be prosecuted.
7. In the circumstances, it is the court’s view that the motion dated 5/11/2024 filed by the 5th defendant’s advocates be heard and determined.
8. Consequently, it is directed that the Motion dated 5/11/2024 be served upon the 5th Respondent in person, and the rest of the respondents and return for interpartes hearing on 2/04/2025. Orders accordingly.
DELIVERED DATED AND SIGNED AT NAIROBI THIS 6TH DAY OF MARCH, 2025……………………….JANET MULWA.JUDGE