[2020] KEHC 6237 (KLR)

[2020] KEHC 6237 (KLR)

The court held that the procedure for challenging a taxing master's decision is expressly provided under paragraph 11 of the Advocates (Remuneration) Order, which requires an aggrieved party to file a reference to a judge in chambers after giving notice to the taxing officer. The applicant's use of a Notice of...

Source-derived case information.

Citation
[2020] KEHC 6237 (KLR)
Parties
Plaintiff: Raza Properties Limited; Defendant: Francis M. Mutua t/a Mutua Mboya & Nzissi Advocates
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Suit 1964 of 2001
Procedural Posture
Notice of Motion / Ruling on Application to Review/set Aside Taxation Decision
Outcome
application struck out as incompetent
Judges
LM Njuguna
Legal Topics
Taxation of Costs, Review of Taxation, Procedure for Challenging Taxation, Advocates Remuneration Order
Source Language
en
Civil Procedure Taxation of Costs Review of Taxation Procedure for Challenging Taxation Advocates Remuneration Order

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Parties

Raza Properties Limited

Plaintiff

Francis M. Mutua t/a Mutua Mboya & Nzissi Advocates

Defendant

Procedural Posture

Notice of Motion / Ruling on Application to Review/set Aside Taxation Decision

Legal Issues

  1. 1 Whether the applicant can challenge the taxing master's decision by way of Notice of Motion under Section 80 and Order 45 of the Civil Procedure Act and Rules.
  2. 2 Whether the correct procedure for challenging a taxation ruling is by reference under paragraph 11 of the Advocates (Remuneration) Order.

Ratio Decidendi

The court held that the procedure for challenging a taxing master's decision is expressly provided under paragraph 11 of the Advocates (Remuneration) Order, which requires an aggrieved party to file a reference to a judge in chambers after giving notice to the taxing officer. The applicant's use of a Notice of Motion under Section 80 and Order 45 of the Civil Procedure Act and Rules was improper, as these provisions do not apply to taxation proceedings. The procedure for taxation is mandatory and must be strictly adhered to. Since the applicant failed to follow the prescribed procedure, the application was incompetent and fatally defective. The court therefore struck out the application...

Court Disposition

application struck out as incompetent

Orders

  • The Notice of Motion dated 1st July, 2019 is struck out with costs to the plaintiff/respondent.