[2018] KEHC 6549 (KLR)
The court found that the taxed bill for file No. 292 of 2013 had been duplicated at numbers 26 and 31 in the bill of costs. To ensure accuracy and fairness in the taxation process, the court allowed the application and ordered that the total taxed amount be corrected to Ksh. 3,438,105/-. The court further ordered...
Source-derived case information.
- Citation
- [2018] KEHC 6549 (KLR)
- Parties
- Applicant: Osero & Company Advocates; Respondent: Easy Properties Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 279 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Taxed amount corrected. Costs to respondent.
- Legal Topics
- Taxation of Costs, Duplicate Entries in Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Osero & Company Advocates
Applicant
Easy Properties Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the taxed bill for file No. 292 of 2013 was duplicated in the bill of costs.
- 2 Whether the total taxed amount should be adjusted to reflect the correct sum after removing the duplicate entry.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the taxed bill for file No. 292 of 2013 had been duplicated at numbers 26 and 31 in the bill of costs. To ensure accuracy and fairness in the taxation process, the court allowed the application and ordered that the total taxed amount be corrected to Ksh. 3,438,105/-. The court further ordered that the costs of the application be borne by the respondent, in line with the general principle that costs follow the event.
Court Disposition
Application allowed. Taxed amount corrected. Costs to respondent.
Orders
- The total taxed amount stands at Ksh. 3,438,105/-.
- Costs of the application shall be borne by the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. MISC. CASE NO. 279 OF 2013
OSERO & COMPANY ADVOCATES………………….……….APPLICANT
VERSUS
EASY PROPERTIES LIMITED ………………..…………..…RESPONDENT
RULING
Notice of Motion dated 28/3/2014 is allowed in terms that the total taxed amount stands at Ksh. 3,438,105/- as the taxed bill for file No. 292 of 2013 has been repeated twice at number 26 and number 31.
Costs shall be borne by the Respondent.
SIGNED AND DATED BY LADY JUSTICE MARY M. GITUMBI AT NAIROBI THIS 24TH DAY OF APRIL 2018.
MARY M. GITUMBI
JUDGE
DELIVERED BY JUSTICE SAMSON O. OKONG’O AT NAIROBI THIS 3RD DAY OF MAY 2018.
SAMSON O. OKONG’O
PRESIDING JUDGE