[2008] KEHC 2450 (KLR)
The court held that the Plaintiff's application was misconceived and incompetent because the only lawful procedure to challenge taxation of bills of costs is by reference under paragraph 11 of the Advocates (Remuneration) Order. The Plaintiff's use of a chamber summons was not permitted, and the court therefore...
Source-derived case information.
- Citation
- [2008] KEHC 2450 (KLR)
- Parties
- Plaintiff: Samuel Muthia Mague; Defendant: American Life Insurance Company (K) Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 252 of 1991
- Procedural Posture
- Civil Case / Ruling on Application to Set Aside Taxation and Execution Proceedings
- Outcome
- Application struck out for incompetence; costs awarded to Defendant; interim orders vacated.
- Judges
- DW Mbuteti
- Legal Topics
- Taxation of Costs, Service of Process, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Muthia Mague
Plaintiff
American Life Insurance Company (K) Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application to Set Aside Taxation and Execution Proceedings
Legal Issues
- 1 Whether the Plaintiff can challenge the orders of taxation and subsequent execution proceedings by chamber summons instead of by reference under paragraph 11 of the Advocates (Remuneration) Order.
- 2 Whether the court has jurisdiction to entertain the Plaintiff's application given the procedure used.
Ratio Decidendi
The court held that the Plaintiff's application was misconceived and incompetent because the only lawful procedure to challenge taxation of bills of costs is by reference under paragraph 11 of the Advocates (Remuneration) Order. The Plaintiff's use of a chamber summons was not permitted, and the court therefore lacked jurisdiction to entertain the application. The Advocates (Remuneration) Order constitutes a complete code for taxation matters, excluding the application of ordinary civil procedure rules. Consequently, the application was struck out with costs to the Defendant, and any interim orders previously granted were vacated.
Court Disposition
Application struck out for incompetence; costs awarded to Defendant; interim orders vacated.
Orders
- The Plaintiff's application by chamber summons dated 17th October, 2007 is struck out with costs to the Defendant.
- Any interim orders granted are hereby vacated.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 252 of 1991
SAMUEL MUTHIA MAGUE.......................................PLAINTIFF
VERSUS
AMERICAN LIFE INSURANCECOMPANY (K) LTD.......DEFENDANT
R U L I N G
The Plaintiff, who is acting in person, has challenged (by chamber summons dated 17th October, 2007), theorders of taxation made herein on 29th January, 2006. He wants them and the subsequent execution proceedings to be set aside upon the main ground that no proper service of the Defendant’s bill of costs filed on 29th October, 2000 or notice of taxation was effected upon him or his counsel. The application is opposed.
I have considered the submissions made. The application is clearly misconceived and incompetent. The only procedure available to challenge taxation of bills of costs is that provided for in paragraph 11 of the Advocates (Remuneration) Order. Once taxation has been done, even ex parte, it can be challenged only on merit upon a reference under the said provision. The Advocates (Remuneration) Order is a complete code of law pertaining to taxation of bills of costs. It is now well established by authority that ordinary rules of civil procedure are not applicable to matters of taxation.
The court has no jurisdiction to entertain the Plaintiff’s application by chamber summons dated 17th October, 2007 on account of its incompetence. It is hereby struck out with costs to the Defendant. Any interim orders granted are hereby vacated. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 13TH DAY OF JUNE 2008.
H.P.G. WAWERU
JUDGE
DELIVERED THIS 13TH DAY OF JUNE 2008