[2023] KEHC 26547 (KLR)
The court found that the taxing officer had conceded to making an error by failing to increase the instructions fees by half as required by law. Since the respondent did not contest the application and the error was admitted in writing by the taxing officer, the court determined that the application to set aside the...
Source-derived case information.
- Citation
- [2023] KEHC 26547 (KLR)
- Parties
- Applicant: OM Wanyama T/A Wanyama & Company Advocates; Respondent: Beatrice Awino Ikapel
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E041 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Taxation and Remit Bill of Costs
- Outcome
- Application allowed; taxation set aside and matter remitted to taxing officer.
- Judges
- WM Musyoka
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Remission to Taxing Officer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
OM Wanyama T/A Wanyama & Company Advocates
Applicant
Beatrice Awino Ikapel
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Taxation and Remit Bill of Costs
Legal Issues
- 1 Whether the taxation of the Advocate/Client Bill of Costs should be set aside due to failure to increase the taxed costs by one half as required by law.
- 2 Whether the matter should be remitted to the taxing officer for proper taxation.
Ratio Decidendi
The court found that the taxing officer had conceded to making an error by failing to increase the instructions fees by half as required by law. Since the respondent did not contest the application and the error was admitted in writing by the taxing officer, the court determined that the application to set aside the taxation was merited. The court allowed the application in its entirety, thereby setting aside the previous taxation and remitting the matter to the taxing officer for proper taxation in accordance with the law.
Court Disposition
Application allowed; taxation set aside and matter remitted to taxing officer.
Orders
- The application dated 29th July 2021 is allowed in its entirety.
- The taxation of the Advocate/Client Bill of Costs dated 30th June 2021 is set aside.
Full Case Text
Judgment text and source record
19 paragraphs
Wanyama t/a Wanyama & Company Advocates v Ikapel (Miscellaneous Application E041 of 2021) [2023] KEHC 26547 (KLR) (11 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26547 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E041 of 2021
WM Musyoka, J
December 11, 2023
Between
OM Wanyama T/A Wanyama & Company Advocates
Applicant
and
Beatrice Awino Ikapel
Respondent
Ruling
1. The application for determination is dated July 29, 2021, seeking the setting aside of the taxation on 30th June 2021 of the Advocate/Client Bill of Costs, and its remission to the taxing officer for taxation. The background given, on the face of the application, and in the supporting affidavit, is that the taxing officer made an error during taxation, when she failed to consider increasing the taxed costs by one half.
2. I see, on the record, a letter that the applicant wrote to the taxing officer on the matter, dated 14th July 2021; and the reply to it by the taxing officer, dated July 15, 2021, wherein she concedes that there was a mistake in failing to increase the instructions fees by half as provided in law, and suggesting that the error could be cured through section 99 of the Civil Procedure Act, Cap 21, Laws of Kenya.
3. There is proof, by way of affidavits of service, that the application was served on the respondent. It has never been responded to, and the respondent never attended court on the dates when the matter came up, either personally or through her Advocates. The application is, therefore, undefended.
4. The matter is fairly straightforward. The Bill was taxed, but the wrong principle was applied, a fact that the taxing officer concedes, in her letter to the applicant, dated 15th July 2021. Consequently, I hereby allow the application, dated 29th July 2021, in its entirety.
DATED AND SIGNED IN CHAMBERS, AND DELIVERED BY EMAIL, AT BUSIA THIS 11THDAY OF DECEMBER,2023. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Wanyama, instructed by Wanyama & Company, Advocates for the applicant.