[2015] KEELC 109 (KLR)
The court found that the application was properly brought under the Auctioneers Rules, as the initial taxation was conducted under those rules. However, adopting its reasoning from Misc No.36 of 2014, the court held that the appellant had not demonstrated any error in the Deputy Registrar's taxation of the bill of...
Source-derived case information.
- Citation
- [2015] KEELC 109 (KLR)
- Parties
- Appellant: Zacharia Barasa; Respondent: Dubai Bank Kenya Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 35 of 2014
- Procedural Posture
- Miscellaneous Application / Appeal From Taxation of Auctioneer's Bill of Costs
- Outcome
- appeal dismissed with costs to the respondent
- Judges
- LN Gacheru
- Legal Topics
- Taxation of Costs, Auctioneer Remuneration, Appeals From Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacharia Barasa
Appellant
Dubai Bank Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Appeal From Taxation of Auctioneer's Bill of Costs
Legal Issues
- 1 Whether the application for taxation of the auctioneer's bill of costs was properly brought under the Auctioneers Rules or the Advocates Remuneration Act.
- 2 Whether the Deputy Registrar erred in taxing the bill at Kshs.14,695 instead of the amount sought by the appellant.
- 3 Whether the appeal against the taxation has merit.
Ratio Decidendi
The court found that the application was properly brought under the Auctioneers Rules, as the initial taxation was conducted under those rules. However, adopting its reasoning from Misc No.36 of 2014, the court held that the appellant had not demonstrated any error in the Deputy Registrar's taxation of the bill of costs. The court concluded that the appeal lacked merit and dismissed it, awarding costs to the respondent.
Court Disposition
appeal dismissed with costs to the respondent
Orders
- The application is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ENVIRONMENT AND LAND DIVISION
MISC. 35 OF 2014
ZACHARIA BARASA….…….………….PLAINTIFF
=VERSUS=
DUBAI BANK KENYA LIMITED ………DEFENDANT
RULING
The matter herein for consideration arise out of an application for Auctioneer’s Bill of Costs, dated 14th January 2014. The Bill of costs arise out of instructions dated 13th March 2013,to redeem various charged properties belonging to Kwanza Estates Ltd located in Mombasa and Malindi for purposes of recovering of Kshs.200,185,051/98 owed to Dubai Bank of Kenya Ltd .
The appellant sent out a Notice of Taxation dated 11th February 2014. The Bill was taxed by the Deputy Registrar and through a Ruling delivered on 17th April 2014, and the same Bill was taxed at Kshs.14, 695/= . The appellant had sought for Kshs.2,043,563/54 as his Bill of Costs.
Upon delivery of the Ruling on 17th April 2014, the appellant was dissatisfied with the same and filed this Appeal. The Respondent had submitted that the Application herein is bad in law as the law governing such taxation is the Advocates Remuneration Act and not the Auctioneers Act and Rules 1997. However, I noted that the initial taxation before the Deputy Registrar was done under the Auctioneers Rules. I do find and hold that the application herein is properly brought under Rules 55 (c ) & 55 (2) of the Auctioneers Rules. The application is also brought as an appeal as provided by Rule 55(4) of the Auctioneer Rules and it is properly titled Chamber Summons.
On the merit of the application. I will adopt my findings in Misc No.36 of 2014 brought by the applicant herein. The Court herein adopts the findings and reasoning in the Ruling of Misc. No.36 of 2014 and finds that this application has no merit. The same is dismissed with costs to the Respondent.
Dated and Delivered this 29thday of June 2015.
It is so ordered.
L GACHERU
JUDGE
In the Presence of:-
Mr Manjau holding brief for Mr Khakula for the Appellant/Applicant
Mr Tebino for the Respondent
Hilda: Court Clerk
Court:
Ruling read in open Court in the presence of the above advocates.
L.GACHERU
JUDGE