[2024] KEHC 4915 (KLR)
The court found that the Taxing Master erred in principle by failing to call for and avail the principal file for verification of the items in the Bill of Costs. This omission rendered the taxation process fundamentally flawed, as there was no basis for the Taxing Master to verify the legitimacy of the costs...
Source-derived case information.
- Citation
- [2024] KEHC 4915 (KLR)
- Parties
- Applicant: Ogejo, Omboto & Kijala Advocates, LLP; Respondent: United Millers Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E087 of 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application to Set Aside Taxation and Certificate of Costs
- Outcome
- Application struck out; taxation and certificate of costs set aside; bill remitted for fresh taxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Bill of Costs, Remission to Taxing Master
- 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
Ogejo, Omboto & Kijala Advocates, LLP
Applicant
United Millers Limited
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Set Aside Taxation and Certificate of Costs
Legal Issues
- 1 Whether the taxation of the Bill of Costs was conducted in accordance with the required legal principles.
- 2 Whether the principal file was availed to the Taxing Master for verification of the Bill of Costs items.
- 3 Whether the application dated 7th May 2024 should be considered on its merits.
Ratio Decidendi
The court found that the Taxing Master erred in principle by failing to call for and avail the principal file for verification of the items in the Bill of Costs. This omission rendered the taxation process fundamentally flawed, as there was no basis for the Taxing Master to verify the legitimacy of the costs claimed. Consequently, the court declined to consider the application dated 7th May 2024 on its merits, struck it out, set aside the taxation ruling and certificate of costs dated 11th April 2024, and remitted the Bill of Costs back to the Taxing Master for taxation interpartes, with directions to address the procedural pitfalls identified in the ruling.
Court Disposition
Application struck out; taxation and certificate of costs set aside; bill remitted for fresh taxation.
Orders
- The application dated 7th May 2024 is struck out.
- The taxation ruling and certificate of costs dated 11th April 2024 are set aside.
Full Case Text
Judgment text and source record
24 paragraphs
Ogejo, Omboto & Kijala Advocates, LLP v United Millers Limited (Miscellaneous Civil Application E087 of 2023) [2024] KEHC 4915 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4915 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E087 of 2023
RE Aburili, J
May 9, 2024
Between
Ogejo, Omboto & Kijala Advocates, LLP
Advocate
and
United Millers Limited
Client
(Arising from the professional services rendered by the Applicant to the Respondent in the original Kisumu HC Civil Case No. E006 of 2021)
Ruling
1. I have considered the application dated 7th May 2024 under certificate of urgency. I decline to certify it as urgent.
2. Having called on the advocate for the Applicant who joined the online platform, and Mr. Okwemba Advocate having appeared, I observe that the Bill of Costs by the advocate against the client is dated 31st May 2023 and was taxed on 11th April 2024 as per the annexed certificate of costs.
3. The Bill of Costs has over 30 items and is derived from legal services rendered in Kisumu HCCC No. E006 of 2021. However, there is absolutely no evidence that the principal file was called for and availed to court for the Taxing Master to verify any of the items in the Bill of Costs.
4. I have no doubt that the approach taken by the taxing maser if erroneous in principle and must be corrected by this court.
5. I therefore decline to consider the application dated 7th May 2024 on merit. I strike it out and set aside the taxation ruling and certificate of costs dated 11th April 2024.
6. I remit the bill back to the taxing master for taxation interpartes taking into account the pitfalls pointed out in this Ruling.
7. This Ruling to be typed and uploaded on the CTS.
8. Mention before Deputy Registrar on 6th June 2024.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE