[2023] KEHC 26323 (KLR)
The court declined to determine the application to set aside the taxation at this stage because it had not had sight of the appeal file, which was material to the issues raised. Since the applicant's complaint was that the taxing officer failed to consider material in the appeal file, the court found it necessary to...
Source-derived case information.
- Citation
- [2023] KEHC 26323 (KLR)
- Parties
- Applicant: O M Wanyama t/a Wanyama & Company, Advocates; Respondent: Beatrice Awino Ikapel
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E042 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Application to Set Aside Taxation
- Outcome
- Application adjourned for mention; no final determination on merits.
- Judges
- WM Musyoka
- Legal Topics
- Taxation of Costs, Setting Aside Orders, Advocate Client Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
O M Wanyama t/a Wanyama & Company, Advocates
Applicant
Beatrice Awino Ikapel
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Application to Set Aside Taxation
Legal Issues
- 1 Whether the taxation of the Advocate/Client Bill of Costs should be set aside for failure to consider relevant material.
- 2 Whether the matter should be remitted to the taxing officer for fresh taxation.
Ratio Decidendi
The court declined to determine the application to set aside the taxation at this stage because it had not had sight of the appeal file, which was material to the issues raised. Since the applicant's complaint was that the taxing officer failed to consider material in the appeal file, the court found it necessary to call for the appeal file and have it placed together with the instant file before making a determination. The matter was therefore adjourned for mention to enable compliance and further directions.
Court Disposition
Application adjourned for mention; no final determination on merits.
Orders
- Deputy Registrar to place the appeal file together with the instant file.
- Matter to be mentioned on 19th December 2023 for compliance and further directions.
Full Case Text
Judgment text and source record
19 paragraphs
O M wanyama t/a Wanyama & Company, Advocates v Ikapel (Miscellaneous Application E042 of 2021) [2023] KEHC 26323 (KLR) (11 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26323 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E042 of 2021
WM Musyoka, J
December 11, 2023
Between
O M wanyama t/a Wanyama & Company, Advocates
Applicant
and
Beatrice Awino Ikapel
Respondent
Ruling
1. The application for determination is dated 29th July 2021, seeking the setting aside of the taxation on 30th June 2021, of the Advocate/Client Bill of Costs, and its remission to the taxing officer for taxation. The background given, on the face of the application, and in the supporting affidavit, is that the taxing officer, Hon. PY Kulecho, Deputy Registrar, made an error during taxation, when she failed to investigate the appeal file, and the replying affidavit to the Bill, before deciding to adopt the figure of Kshs. 25,200. 00.
2. I see, on the record, a letter that the applicant wrote to the taxing officer on the matter, dated 14th July 2021; and the reply to it by the taxing officer, dated 15th July 2021, wherein she stated that the value of the subject-matter of the appeal had not been disclosed to the taxing officer.
3. There is proof, by way of affidavits of service, that the application was served on the respondent. It has never been responded to, and the respondent never attended court, either personally or through her Advocates, on the dates when the matter came up. The application is, therefore, undefended and unopposed.
4. I am, however, unable to determine the application at this stage, without sight of the appeal file, as I am being referred to material in that file, which the taxing officer is said not to have considered. Let the Deputy Registrar put that file together with the instant file. The matter will be mentioned on 19th December 2023, for compliance and further directions.
DATED AND SIGNED IN CHAMBERS, AND DELIVERED BY EMAIL, AT BUSIA THIS 11THDAY OF DECEMBER,2023. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Wanyama, instructed by Wanyama & Company, Advocates for the applicant.