[2007] KEHC 579 (KLR)
The court found that the Taxing Master failed to adhere to the Advocates Remuneration Order by awarding lower costs on the specified items in the Bill of Costs, particularly where the Bill was unopposed and the applicable schedule mandated certain fees. The court held that the Taxing Master had no discretion to...
Source-derived case information.
- Citation
- [2007] KEHC 579 (KLR)
- Parties
- Applicant: Nyamogo & Nyamogo Advocates; Respondent: Kenya Bus Services Ltd.
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- ? 23 of 2003
- Procedural Posture
- Miscellaneous Application / Reference Against Taxation Ruling
- Outcome
- Reference allowed; Taxing Master's decision on specified items set aside and remitted for re-taxation.
- Legal Topics
- Taxation of Costs, Advocates Remuneration, Reference Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyamogo & Nyamogo Advocates
Applicant
Kenya Bus Services Ltd.
Respondent
Procedural Posture
Miscellaneous Application / Reference Against Taxation Ruling
Legal Issues
- 1 Whether the Taxing Master erred in the taxation of specific items in the Bill of Costs.
- 2 Whether the Taxing Master disregarded the applicable Advocates Remuneration Order in awarding costs.
- 3 Whether the Applicant was entitled to higher remuneration for the specified items.
Ratio Decidendi
The court found that the Taxing Master failed to adhere to the Advocates Remuneration Order by awarding lower costs on the specified items in the Bill of Costs, particularly where the Bill was unopposed and the applicable schedule mandated certain fees. The court held that the Taxing Master had no discretion to reduce the fees in such circumstances and that the Applicant was entitled to have the items properly taxed in accordance with the Remuneration Order. Consequently, the court set aside the Taxing Master's decision on the contested items and ordered them to be taxed afresh.
Court Disposition
Reference allowed; Taxing Master's decision on specified items set aside and remitted for re-taxation.
Orders
- The decision of the Taxing Master on the items complained of is set aside.
- The specified items in the Bill of Costs are to be taxed again.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
MISC CIV APPLI 23 OF 2003
NYAMOGO & NYAMOGO ADVOCATES ……...... APPLICANT
V E R S U S
KENYA BUS SERVICES LTD. ………………. RESPONDENT
R U L I N G
This is a Ruling on a reference made to this court by way of a Chamber Summons pursuant to paragraph 11(1) and (2) of the Advocates (Remuneration) (Amendment) Order 1983 from the decision of the Taxing Master E. O. Obaga made on 23-8-2005. The grounds on which the Reference was made are set out in the said Chamber Summons. The Applicant’s grievance relates to items 14, 20, 22, 23, 26, 27, 28, 29, 30, 34, 36, 40 and 43 in the applicant’s Bill of Costs dated 22-72005 which the Applicant avers were wrongly taxed and low figures of remuneration given as particularized in the Chamber Summons in grounds 1 to 13.
When the reference came up for hearing before me, the learned counsel for the Applicant, Mr. Ochieng Nyamogo, appeared. The Respondent was not represented although it was served.
In a nutshell, Mr. Nyamogo’s submission in this matter was that the Taxing Master ignored or disregarded the submissions of the Applicant’s advocate and the fact that the Bill was not opposed. He contended that the Taxing Master had no discretion to award less costs in item 1 as the Bill was under Schedule VI and the Motion was in the High Court and fees accrued to it. He referred to the case of Joreth Ltd, C.A. Appeal No. 66 of 1999 and to NKU HC MISC. Application No.86 of 2002 which, he said, demonstrate that instructions fees must be awarded as required by the Remuneration Order.
Mr. Nyamogo took issue with the decision of the Taxing Master on item 14 of the Bill as well as on items 20, 22, 24, 27, 28, 29, 34, 36 and 40.
I have perused the application and considered the submissions of Mr. Nyamogo. I am persuaded that the decision of the Taxing Master was not in accord with the Advocates Remuneration Order. I hereby set aside the decision of the Taxing Master on the items complained of and order the items to be taxed again. It is so ordered.
Delivered, dated and signed at Kakamega this 8th day of November, 2007
G. B. M. KARIUKI
J U D G E