[2019] KEHC 4883 (KLR)
The court found that the taxing master awarded more costs than those requested by the applicant, which is a sufficient ground to challenge the award. The Advocates Remuneration Order prescribes the items that attract fees, and any deviation from this warrants court intervention. The court determined that sufficient...
Source-derived case information.
- Citation
- [2019] KEHC 4883 (KLR)
- Parties
- Applicant: Waiganjo Wachira & Company Advocates; Respondent: Pacis Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 492 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Objection to Taxation of Bill of Costs
- Outcome
- decision of taxing master set aside; bill of costs to be taxed afresh by a different taxing master
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Remuneration Order, Pleadings, Court Intervention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Waiganjo Wachira & Company Advocates
Applicant
Pacis Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Objection to Taxation of Bill of Costs
Legal Issues
- 1 Whether the taxing master erred in awarding more costs than those requested by the applicant.
- 2 Whether the bill of costs was properly taxed in accordance with the Advocates Remuneration Order.
- 3 Whether sufficient grounds exist for the court to interfere with the taxing master's decision.
Ratio Decidendi
The court found that the taxing master awarded more costs than those requested by the applicant, which is a sufficient ground to challenge the award. The Advocates Remuneration Order prescribes the items that attract fees, and any deviation from this warrants court intervention. The court determined that sufficient grounds had been established to interfere with the taxing master's decision and therefore set aside the entire decision, ordering that the bill of costs be taxed afresh by a different taxing master with both parties present.
Court Disposition
decision of taxing master set aside; bill of costs to be taxed afresh by a different taxing master
Orders
- The decision of the taxing master is set aside in its entirety.
- The bill of costs shall be subjected to taxation by a different taxing master upon invitation of both parties.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC CIVIL APPLICATIONS NO. 492 OF 2017
WAIGANJO WACHIRA & COMPANY ADVOCATES .....APPLICANT
VERSUS
PACIS INSURANCE COMPANY LIMITED...................RESPONDENT
RULING
This application relates to a bill of costs lodged by the advocates against their client. The respondent who is the client has raised an objection to the decision of the taxing master raising several reasons as contained in the Chambers Summons dated 7th and filed on 13th February, 2019.
For reasons that I am about state, I do not wish to recite most of the reasons advanced by the respondent in challenging the said bill of costs. A bill of costs is akin to pleadings after completion of litigation. Going by the understanding that every party is bound by its pleadings, the observations that the taxing master awarded more costs than those requested by the applicant is sufficient ground to challenge the award.
Additionally, the Advocates Remuneration Order contains express particulars of all items that attract fees payable. If a party therefore, alleges that costs have been pleaded and awarded where this should not be done, intervention of the court may be called for.
Out of abundant caution, I do not deem it appropriate to delve any deeper into the submissions and averments by the parties herein. Suffice to say, sufficient grounds have been made to warrant the court’s interference with the taxing of the bill of costs herein. That being the case, the decision of the taxing master is hereby set aside in its entirety. The bill of costs shall be subjected to taxation by a different taxing master upon invitation of both parties to participate in the exercise. The costs shall be in the cause.
Dated, signed and delivered at Nairobi this 25th Day of July, 2019.
A. MBOGHOLI MSAGHA
JUDGE