[2021] KEHC 12616 (KLR)

[2021] KEHC 12616 (KLR)

The court found that although the Deputy Registrar mischaracterized the nature of the application, there was no error of principle in applying Schedule 6 'Other matters' of the Advocates Remuneration Order to tax instruction fees for an originating summons under section 17 of the Arbitration Act. The application under section 17(6) is not an appeal but an application invoking the court's original jurisdiction, as neither the Arbitration Act nor the Rules provide for an appeal in such circumstances. The Deputy Registrar exercised discretion judicially, considered the relevant factors, and provided reasons for the decision on other items in the Bill of Costs. Consequently, there was no...

Citation
[2021] KEHC 12616 (KLR)
Parties
Applicant: Prabhaki Developers Limited; Respondent: Structural Construction International Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 February 2021
Case Number
Miscellaneous Civil Application E668 of 2020
Procedural Posture
Miscellaneous Application / Reference Against Taxation of Bill of Costs
Outcome
Application dismissed with costs to the Defendant.
Judges
DAS Majanja
Legal Topics
Arbitration Costs, Taxation of Costs, Instruction Fees, Originating Summons, Arbitration Act Application
Source Language
English
Commercial and Corporate Civil Procedure Arbitration Costs Taxation of Costs Instruction Fees Originating Summons Arbitration Act Application

Case Brief

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Parties

Prabhaki Developers Limited

Applicant

Structural Construction International Limited

Respondent

Procedural Posture

Miscellaneous Application / Reference Against Taxation of Bill of Costs

Legal Issues

  1. 1 Whether the Deputy Registrar erred in principle by applying Schedule 6 'Other matters' of the Advocates Remuneration Order to tax instruction fees for an application under section 17 of the Arbitration Act.
  2. 2 Whether the application under section 17(6) of the Arbitration Act should be treated as an appeal or as an originating summons for purposes of taxation of costs.
  3. 3 Whether the Deputy Registrar failed to give reasons for the decision on other items in the Bill of Costs.

Ratio Decidendi

The court found that although the Deputy Registrar mischaracterized the nature of the application, there was no error of principle in applying Schedule 6 'Other matters' of the Advocates Remuneration Order to tax instruction fees for an originating summons under section 17 of the Arbitration Act. The application under section 17(6) is not an appeal but an application invoking the court's original jurisdiction, as neither the Arbitration Act nor the Rules provide for an appeal in such circumstances. The Deputy Registrar exercised discretion judicially, considered the relevant factors, and provided reasons for the decision on other items in the Bill of Costs. Consequently, there was no...

Court Disposition

Application dismissed with costs to the Defendant.

Orders

  • The Chamber Summons dated 18th December 2020 is dismissed.
  • Costs awarded to the Defendant.