[2025] KEHC 2462 (KLR)

[2025] KEHC 2462 (KLR)

The court held that a taxation of an advocate-client bill of costs cannot be properly undertaken in the absence of the primary file, as the file is necessary for the taxing master to accurately assess the work done and the costs incurred. The absence of the primary file constitutes a procedural irregularity...

Source-derived case information.

Citation
[2025] KEHC 2462 (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

Source-derived case record

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 taxation of an advocate-client bill of costs can be undertaken 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 held that a taxation of an advocate-client bill of costs cannot be properly undertaken in the absence of the primary file, as the file is necessary for the taxing master to accurately assess the work done and the costs incurred. The absence of the primary file constitutes a procedural irregularity sufficient to set aside the previous taxation. Consequently, the court allowed the reference, set aside the bill of costs dated 11th August 2021, and ordered a fresh taxation before a different taxing master.

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.
  • A fresh taxation is to be undertaken by a taxing master other than the one who undertook the previous taxation.