[2025] KEHC 16710 (KLR)

[2025] KEHC 16710 (KLR)

The court found that conducting a taxation of the advocate-client bill of costs without the primary file was a fundamental procedural flaw. The absence of the primary file deprived the taxing master of the necessary context and materials to properly assess the bill of costs. As such, the previous taxation was set...

Source-derived case information.

Citation
[2025] KEHC 16710 (KLR)
Parties
Applicant: Kimatta & Company Advocates; Respondent: Narwar Singh Bhogal; Respondent: Amrik Singh Bhogal; Respondent: Jaspal Singh Bhogal; Respondent: Estate of Naranjan Singh Bhogal
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 152 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Reference Against Taxation of Advocate Client Bill of Costs
Outcome
reference allowed; previous taxation set aside; fresh taxation ordered before a different taxing master
Judges
SM Mohochi
Legal Topics
Taxation of Costs, Advocate Client Bill, Reference Procedure
Source Language
en
Civil Procedure Taxation of Costs Advocate Client Bill Reference Procedure

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Summary, issues, holding and outcome

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Parties

Kimatta & Company Advocates

Applicant

Narwar Singh Bhogal

Respondent

Amrik Singh Bhogal

Respondent

Jaspal Singh Bhogal

Respondent

Estate of Naranjan Singh Bhogal

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Reference Against Taxation of Advocate Client Bill of Costs

Legal Issues

  1. 1 Whether a bill of costs can be taxed in the absence of the primary file.
  2. 2 Whether the previous taxation should be set aside and a fresh taxation ordered.

Ratio Decidendi

The court found that conducting a taxation of the advocate-client bill of costs without the primary file was a fundamental procedural flaw. The absence of the primary file deprived the taxing master of the necessary context and materials to properly assess the bill of costs. As such, the previous taxation was set aside, and a fresh taxation was ordered before a different taxing master to ensure fairness and compliance with procedural requirements.

Court Disposition

reference allowed; previous taxation set aside; fresh taxation ordered before a different taxing master

Orders

  • The bill of costs dated 11th August, 2021 is set aside in the three matters.
  • A fresh taxation is to be undertaken by a taxing master other than the one who undertook the previous taxation.