[2024] KEHC 6459 (KLR)
The court found that the Deputy Registrar taxed the advocate-client bill of costs without calling for or perusing the primary court file from Winam SPMCC No. 192 of 2016, which was necessary to verify the services rendered and the items claimed. This rendered the taxation mechanical and unsupported. Consequently,...
Source-derived case information.
- Citation
- [2024] KEHC 6459 (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 E142 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Taxation of Advocate Client Bill of Costs
- Outcome
- Application allowed; taxation and certificate of taxation set aside; bill of costs remitted for fresh taxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Setting Aside Taxation, Remittal for Retaxation
- 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 Application / Ruling on Application to Set Aside Taxation of Advocate Client Bill of Costs
Legal Issues
- 1 Whether the taxation of the advocate-client bill of costs was properly conducted in the absence of the primary court file.
- 2 Whether the certificate of taxation should be set aside and the bill remitted for fresh taxation.
Ratio Decidendi
The court found that the Deputy Registrar taxed the advocate-client bill of costs without calling for or perusing the primary court file from Winam SPMCC No. 192 of 2016, which was necessary to verify the services rendered and the items claimed. This rendered the taxation mechanical and unsupported. Consequently, the court set aside the ruling and certificate of taxation and remitted the bill of costs to the Deputy Registrar for fresh taxation after calling for and perusing the lower court file.
Court Disposition
Application allowed; taxation and certificate of taxation set aside; bill of costs remitted for fresh taxation.
Orders
- The ruling on taxation and certificate of taxation dated 12th October 2023 are set aside.
- The bill of costs is remitted to the Deputy Registrar to retax after calling for and perusing the lower court file Winam SPMCC No. 192 of 2016.
Full Case Text
Judgment text and source record
22 paragraphs
Mbugwa Atudo & Macharia Advocates v Kenya Alliance Insurance Co Ltd (Miscellaneous Civil Application E142 of 2022) [2024] KEHC 6459 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6459 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E142 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 Winam SPMCC No. 192 of 2016)
Ruling
1. I have perused the court file herein. The Advocate/Client Bill of Costs dated 2nd August 2022 was taxed exparte on 12th October 2023 by the Deputy Registrar.
2. The Bill arose from services rendered in Winam SPMCC No. 192 of 2016. However, there is no evidence that the primary court file wherein the services were rendered was called for and availed before the Deputy Registrar to inform her of the items in the Bill of Costs which include court attendances before taxing the bill.
3. I find the taxation to have been mechanical and unsupported.
4. The Ruling on taxation and certificate of taxation dated 12th October 2023 are hereby set aside on the Court’s on motion and the bill of costs remitted to the Deputy Registrar to retax after calling for and perusing the lower court file Winam SPMCC No. 192 of 2016.
5. Taxation on 4th July 2024.
6. The Applicant to serve the Respondent with Notice of taxation.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE