[2013] KEHC 1619 (KLR)
The court found that the Taxing Master correctly applied the relevant scale to determine the instruction fees, considered the importance of the matter, and made appropriate adjustments. The final Certificate of Costs, after deducting the taxed off amount, was accurate. The Plaintiff's reference was based on an...
Source-derived case information.
- Citation
- [2013] KEHC 1619 (KLR)
- Parties
- Applicant: Kwik Fit Tyres & Autocare Limited; Respondent: Mohamed Salim Juma; Respondent: Juma Ali Mohamed; Respondent: Municipal Council of Mombasa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 76 of 2008
- Procedural Posture
- Civil Suit / Ruling on Reference Against Taxation of Bill of Costs
- Outcome
- Plaintiff's Chamber Summons dismissed with costs to the 1st and 2nd Defendants.
- Judges
- MM Kasango
- Legal Topics
- Taxation of Costs, Bill of Costs, Instruction Fees, Reference Against Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kwik Fit Tyres & Autocare Limited
Applicant
Mohamed Salim Juma
Respondent
Juma Ali Mohamed
Respondent
Municipal Council of Mombasa
Respondent
Procedural Posture
Civil Suit / Ruling on Reference Against Taxation of Bill of Costs
Legal Issues
- 1 Whether the Taxing Master made an arithmetical error in calculating the instruction fees in the Bill of Costs.
- 2 Whether the final Certificate of Costs reflects the correct amount after deductions.
Ratio Decidendi
The court found that the Taxing Master correctly applied the relevant scale to determine the instruction fees, considered the importance of the matter, and made appropriate adjustments. The final Certificate of Costs, after deducting the taxed off amount, was accurate. The Plaintiff's reference was based on an incomplete understanding due to a missing page of the ruling, and there was no arithmetical error as alleged. Accordingly, the reference was dismissed with costs to the 1st and 2nd Defendants.
Court Disposition
Plaintiff's Chamber Summons dismissed with costs to the 1st and 2nd Defendants.
Orders
- The Plaintiff's Chamber Summons dated 15th July 2013 is dismissed.
- Costs awarded to the 1st and 2nd Defendants.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 76 OF 2008
KWIK FIT TYRES & AUTOCARE LIMITED …………………….. APPELLANT
V E R S U S
MOHAMED SALIM JUMA …………………………….. 1ST RESPONDENT
JUMA ALI MOHAMED …………………..…….……… 2ND RESPONDENT
MUNICIPAL COUNCIL OF MOMBASA ……………….. 3RD RESPONDENT
RULING
Chamber Summons dated 15th July 2013 is a reference by the Plaintiff in respect of the 1st and 2nd Defendants’ Bill of Costs as against the Plaintiff taxed on 24th May 2013. Although the Plaintiff sought by that Chamber Summons to challenge various items in the Bill of Costs at the hearing of the Chamber Summons the learned Counsel for the Plaintiff abandoned that challenge and limited the reference to the arithmetical calculation of the instructions fees in the Bill of Costs. He drew the attention of the Court to what he termed as a problem with the calculation of the instruction fees after deduction of the amount taxed off by the Taxing Master.
It does seem that the Plaintiff learned Counsel did not have the full copy of the Taxing Master's ruling of that taxation. Strangely, however, the copy of the Chamber Summons he served on the 1st and 2nd Defendants Advocate had the full ruling. It would seem that the Plaintiff in view of the missing page of that ruling mistakenly formed the view that the Taxing Master had made an arithmetical error.
I can confirm that I have perused the Taxing Master's ruling of 24th May 2013 and I have found that the Taxing Master did not make an error in calculating the taxed amount after deducting the instructions fees.
The Taxing Master considered the instruction fees as drawn in the Bill of Costs that is for Kshs. 250,000/- which he found the correct amount under paragraph (l)(iii) was Kshs. 116,450/-. After considering the importance of the matter the research undertaken the Taxing Master proceeded to increase that amount to Kshs. 180,000/-. All the other items were found by the Taxing Master to be drawn as per the scale. Taking into account the amount taxed off Kshs. 70,000/- the final Certificate of Costs for Kshs. 233,584/- reflects the correct amount.
For that reason the Plaintiff's Chamber Summons dated 15th July 2013 is dismissed with costs to the 1st and 2nd Defendants.
Dated and delivered at Mombasa this 31st day of October, 2013.
MARY KASANGO
JUDGE