[2018] KEELRC 101 (KLR)
The court found that the application for stay was not properly framed as a reference to taxation but treated it as such for purposes of determination. Upon review, the court found no error in principle by the Taxing Master in the taxation of the Bill of Costs. The Taxing Master had properly considered each item and...
Source-derived case information.
- Citation
- [2018] KEELRC 101 (KLR)
- Parties
- Respondent: Rosslyn Njoki Kamau; Applicant: Emomentum Interactive Systems Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 179 of 2016
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Proceedings and Execution Post Taxation
- Outcome
- application dismissed with costs to the claimant
- Judges
- AN Makau
- Legal Topics
- Taxation of Costs, Stay of Execution, Reference to Taxation, Instruction Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosslyn Njoki Kamau
Respondent
Emomentum Interactive Systems Limited
Applicant
Procedural Posture
Stay Application / Ruling on Application for Stay of Proceedings and Execution Post Taxation
Legal Issues
- 1 Whether the court should grant a stay of proceedings and/or execution following the taxation of the Bill of Costs.
- 2 Whether there was an error in principle by the Taxing Master in the taxation of the Bill of Costs.
Ratio Decidendi
The court found that the application for stay was not properly framed as a reference to taxation but treated it as such for purposes of determination. Upon review, the court found no error in principle by the Taxing Master in the taxation of the Bill of Costs. The Taxing Master had properly considered each item and did not take into account extraneous matters. As there was no principle error, the court found no merit in the application and dismissed it with costs to the Claimant. The Taxation Certificate issued may be used in execution as required.
Court Disposition
application dismissed with costs to the claimant
Orders
- The application for stay of proceedings and/or execution is dismissed with costs to the Claimant.
- The Taxation Certificate issued on 24th August 2018 may be applied as required in execution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NYERI
SUIT NO. 179 OF 2016
ROSSLYN NJOKI KAMAU............................................CLAIMANT/RESPONDENT
VERSUS
EMOMENTUM INTERACTIVE
SYSTEMS LIMITED......................................................RESPONDENT/APPLICANT
RULING
1. The Respondent seeks through the Notice of Motion application dated 29th August 2018 for a stay of the proceedings and/or execution particularly the proceedings that are consequential to the taxation of the Bill of Costs dated 21st December 2017 culminating in the ruling of the taxing master on 3rd August 2018. The Respondent also sought stay of the issuance of the Certificate of Taxation consequent to the taxation of the Bill of Costs and if the certificate has been issued, the court to stay all consequential proceedings particularly the execution thereof.
2. The Claimant is opposed and asserts that the Respondent has misapprehended the law and filed a review and not a reference of taxation under Schedule. The Claimant argues that the motion is defective and devoid of merit.
3. The motion is not in keeping with a reference to taxation as it seems to be couched as an appeal against the taxation. Be that as it may, the court has treated it as a reference to taxation taking issue with the matter of instruction fees and the entire taxation. I have read the Ruling of the taxing master and the bill of costs attached. In matters of taxation and a reference such as this, a court hearing the reference must warn itself that the decision of the taxing master can only be interfered with where there is a principle error in the taxation giving rise to the reference. In the case of Kipkorir, Titoo & Kiara Advocates vDeposit Protection Fund [2005] eKLR it was stated by the court that the taxing officers decision cannot be interfered with unless it can be shown to have been on a principle error. This position was reiterated in the case of Nyangito Co. Advocates vNdoinyo Lessos Creameries Ltd [2014] eKLR. Having so warned myself, I proceed to determine the reference before me.
4. I do not discern any error in principle by the Taxing Master in the matter before me. She did not take into account any extraneous matter and treated each item on the bill as she ought to disallowing some entirely, taxing off the bill as appropriate. I therefore find no merit in the motion before me and I dismiss it with costs to the Claimant. The Taxation Certificate issued on 24th August 2018 may be applied as required in the ensuing execution.
It is so ordered.
Dated and delivered at Nyeri this 11th day of December 2018
Nzioki wa Makau
JUDGE