[2002] KEHC 695 (KLR)
The court held that the taxing master must provide reasons for the decision to tax item no. 8 of the bill of costs, as required by Rule 11 of the Advocates Act. Without such reasons, the judge cannot properly review whether the taxing master's discretion was exercised judicially. The file is therefore returned to...
Source-derived case information.
- Citation
- [2002] KEHC 695 (KLR)
- Parties
- Applicant: Ahmed Abeid Said; Applicant: Muhandis Abeid Said; Respondent: S.S. Nurani
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 301 of 1997
- Procedural Posture
- Civil Case / Ruling on Objection to Taxation of Bill of Costs
- Outcome
- File returned to taxing master to record reasons for taxation of disputed item; limited stay granted on disputed amount.
- Legal Topics
- Taxation of Costs, Review of Taxing Master Decision, Judicial Discretion in Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ahmed Abeid Said
Applicant
Muhandis Abeid Said
Applicant
S.S. Nurani
Respondent
Procedural Posture
Civil Case / Ruling on Objection to Taxation of Bill of Costs
Legal Issues
- 1 Whether the taxing master erred in taxing item no. 8 of the bill of costs when the suit did not proceed to hearing.
- 2 Whether the court should interfere with the taxing master's discretion in taxing the disputed item.
- 3 Whether reasons for the taxation decision were properly provided as required by law.
Ratio Decidendi
The court held that the taxing master must provide reasons for the decision to tax item no. 8 of the bill of costs, as required by Rule 11 of the Advocates Act. Without such reasons, the judge cannot properly review whether the taxing master's discretion was exercised judicially. The file is therefore returned to the taxing master to record reasons for allowing the disputed item, after which the matter will be reconsidered by the judge. No stay is granted for the undisputed amount; the stay is limited to the disputed sum of KES 35,000.
Court Disposition
File returned to taxing master to record reasons for taxation of disputed item; limited stay granted on disputed amount.
Orders
- The file shall be placed before the taxing master to record reasons for taxing the disputed item.
- The matter will then be placed before the judge in chambers for consideration as to whether discretion was exercised judicially.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. 301 OF 1997
=1. AHMED ABEID SAID 2. MUHANDIS ABEID SAID ………………..APPLICANTS/PLAINTIFFS V E R S U S S.S. NURANI …………………………………………RESPONDENT/DEFENDANT
R U L I N G
This is an application under Advocates Act Cap. 16 under rule 11.
The applicant objects to the taxation of the bill on the grounds that the taxing masters decision in taxing item no. 8 was erroneously arrived at because the suit did not proceed to hearing.
The taxing master has todate not given his reasons as required by the rule although requested to do so by applicants advocates letter dated October 2001. It is this decision that the judge in chambers is expected to review.
The total bill taxed amounts to shs. 63. 210/- and only one item amounting to shs. 35. 000 is challenged. To avoid further delay in this matter the file shall be returned to taxing master to record his reason for allowing the disputed item forthwith.
The amount of shs. 35,000/- is challenged. The taxing master has wide discretion in matters of taxing bills and the court can only interfere in special cases.
I order that this file be placed before the taxing master to enable him to record the reasons for taxing the item and the matter will then be placed before judge in chambers for consideration as to whether discretion was exercised judicially in the matter.
In the meantime no stay is granted for the payment of undisputed amount. Stay is limited only to shs. 35,000/- disputed.
J. KHAMINWA COMMISSIONER OF ASSIZE 14. 6.2002