[2023] KEHC 19294 (KLR)
The court held that the taxing master correctly applied the Advocates Remuneration (Amendment) Order 2014 by awarding Ksh 120,000 for the first Ksh 1,000,000 and 2% of the excess amount, resulting in a total instruction fee of Ksh 134,371.82. The appellant's argument that 2% should be applied to the entire sum was...
Source-derived case information.
- Citation
- [2023] KEHC 19294 (KLR)
- Parties
- Appellant: Directline Assurance Co Ltd; Respondent: Edwin Chamwana
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E009 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Reference From Taxing Master
- Outcome
- reference dismissed
- Judges
- AN Ongeri
- Legal Topics
- Costs Taxation, Instruction Fee, Advocates Remuneration Order, Reference From Taxing Master
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Directline Assurance Co Ltd
Appellant
Edwin Chamwana
Respondent
Procedural Posture
Civil Appeal / Ruling on Reference From Taxing Master
Legal Issues
- 1 Whether the taxing master correctly applied Schedule 6A of the Advocates Remuneration (Amendment) Order 2014 in taxing the instruction fee.
- 2 Whether the instruction fee should be calculated as 2% of the entire award or as per the prescribed scale.
Ratio Decidendi
The court held that the taxing master correctly applied the Advocates Remuneration (Amendment) Order 2014 by awarding Ksh 120,000 for the first Ksh 1,000,000 and 2% of the excess amount, resulting in a total instruction fee of Ksh 134,371.82. The appellant's argument that 2% should be applied to the entire sum was rejected as it would amount to a double award. The reference was therefore dismissed, and the taxing master's decision was upheld.
Court Disposition
reference dismissed
Orders
- The reference dated 6/3/2023 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Directline Assurance Co Ltd v Chamwana (Civil Appeal E009 of 2022) [2023] KEHC 19294 (KLR) (Civ) (27 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19294 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E009 of 2022
AN Ongeri, J
June 27, 2023
Between
Directline Assurance Co Ltd
Appellant
and
Edwin Chamwana
Respondent
Ruling
1. The application coming for consideration in this ruling is the reference dated 6/3/2023 from the Taxing Master’s ruling delivered n 8/12/2022.
2. The only item contested is the instruction fee which was taxed under schedule 6A of the Advocates Remuneration (amendment) Order 2104.
3. The taxing master taxed off kshs 28,592. 96.
4. The value of the subject matter was award of ksh 1,718,591. 20.
5. The Advocates Remuneration Order provides for ksh 120,000 for upto 1,000,000 and 2% of the excess.
6. The proper calculation is as follows1,000,000 – 120,0002% of the excess (Ksh 718,591. 20) = 14,371. 82Total award 134,371. 82
7. I find that the taxing officer was right in her calculation.
8. The advocate was asking for 2% of the total figure of 1,718,591. 20. I find that granting 2% of the total figure would amount to double award.
9. The reference is dismissed with no order as to costs.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 27TH DAY OF JUNE, 2023. ………….…………….A. N. ONGERIJUDGEIn the presence of:……………………………. for the Appellant……………………………. for the Respondent