[2024] KEHC 6411 (KLR)
The court found that the Deputy Registrar taxed the advocate-client bill of costs ex parte and without calling for or perusing the principal court file, Nyando SPMCC No. 117 of 2014. This omission deprived the taxation process of the necessary verification and procedural fairness required in such matters. The court...
Source-derived case information.
- Citation
- [2024] KEHC 6411 (KLR)
- Parties
- Applicant: Mbugwa Atudo & Macharia Advocates; Respondent: Kenya Alliance Insurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E075 of 2022
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Taxation of Advocate Client Bill of Costs
- Outcome
- Taxation set aside and bill remitted for fresh taxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Ex Parte Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbugwa Atudo & Macharia Advocates
Applicant
Kenya Alliance Insurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Taxation of Advocate Client Bill of Costs
Legal Issues
- 1 Whether the ex parte taxation of the advocate-client bill of costs was proper without the principal court file being called for and perused.
- 2 Whether the Deputy Registrar erred in taxing the bill without verifying the items against the original court record.
Ratio Decidendi
The court found that the Deputy Registrar taxed the advocate-client bill of costs ex parte and without calling for or perusing the principal court file, Nyando SPMCC No. 117 of 2014. This omission deprived the taxation process of the necessary verification and procedural fairness required in such matters. The court held that taxation of costs must be informed by the contents of the original file to ensure that only legitimate and properly supported items are allowed. Consequently, the court set aside the ex parte taxation and the resulting certificate of taxation, and directed that the bill be remitted to the Deputy Registrar for fresh taxation upon calling for and perusing the relevant...
Court Disposition
Taxation set aside and bill remitted for fresh taxation.
Orders
- The taxation of 12th October 2023 and the certificate of taxation dated 12th October 2023 are set aside.
- The Bill of Costs is remitted to the Deputy Registrar for fresh taxation upon calling for and perusing Nyando SPMCC No. 117 of 2014.
Full Case Text
Judgment text and source record
23 paragraphs
Mbugwa Atudo & Macharia Advocates v Kenya Alliance Insurance Co. Ltd (Miscellaneous Civil Application E075 of 2022) [2024] KEHC 6411 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6411 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E075 of 2022
RE Aburili, J
June 3, 2024
Between
Mbugwa Atudo & Macharia Advocates
Applicant
and
Kenya Alliance Insurance Co. Ltd
Respondent
(Arising from the professional legal services rendered by the Applicant/Advocate to the Respondent/client in original matter Nyando SPMCC No. 117 of 2014)
Ruling
1. The Bill of costs dated 16th February 2022 was taxed exparte on 12th October 2023.
2. From the record perused, the Bill arises from Advocate/Client legal services rendered in Nyando SPMCC No. 117 of 2014 and comprising various items including court attendances.
3. There is no evidence that the Deputy Registrar called for and perused Nyando SPMCC No. 117 of 2014 to verify the various items in the Bill of costs.
4. The Bill was taxed without the benefit of the principal court file.
5. On my own motion, I hereby set aside the taxation of 12th October 2023 and the subsequent certificate of taxation dated 12th October 2023 and return the Bill of Costs to the Deputy Registrar to retax afresh upon calling for and perusing Nyando SPMCC No. 117 of 2014, to inform her decision.
6. Taxation shall be on 4th July 2024 before the Deputy Registrar.
7. The applicant to serve the Respondent with taxation notice.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE