ag of kenya v nyongo and ors taxation reference 2 of 2010 2011 eacj 4 22 june 2011

ag of kenya v nyongo and ors taxation reference 2 of 2010 2011 eacj 4 22 june 2011

The Taxing Officer found that the matters were of significant magnitude and complexity, justifying a substantial instruction fee, but reduced the claimed amount to a reasonable sum based on discretion and established principles.

Citation
ag of kenya v nyongo and ors taxation reference 2 of 2010 2011 eacj 4 22 june 2011
Parties
Respondent/judgment Debtor: Attorney General of Kenya; Applicants: Prof. Peter Anyang Nyong’o and Others
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
22 June 2011
Procedural Posture
Taxation Reference / Ruling on Bill of Costs
Outcome
Bill of costs taxed and allowed in part.
Legal Topics
Taxation of Costs, Instruction Fee, Discretion of Taxing Officer, Extension of Time Applications
Source Language
English

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Parties

Attorney General of Kenya

Respondent/judgment Debtor

Prof. Peter Anyang Nyong’o and Others

Applicants

Procedural Posture

Taxation Reference / Ruling on Bill of Costs

  1. 1 Whether the instruction fee and certain items in the bill of costs are reasonable and should be allowed as claimed
  2. 2 What is the appropriate amount to be awarded as costs for the applications

Ratio Decidendi

The Taxing Officer found that the matters were of significant magnitude and complexity, justifying a substantial instruction fee, but reduced the claimed amount to a reasonable sum based on discretion and established principles.

Court Disposition

Bill of costs taxed and allowed in part.

Orders

  • Items 2-23 and 25-35 allowed as claimed, totaling USD 5,864.00.
  • Instruction fee in Items 1 and 24 taxed at USD 225,000.00 each, totaling USD 450,000.00.