Case law
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Division and case type: Milimani Commercial CourtsMiscellaneous Application
…The applicant is asking the court to set aside the Ruling made by the Taxing Officer on 6th May 2005.…
…It was contended by the applicant that the Taxing Officer had acted in excess of her jurisdiction.…
Division and case type: Environment and Land CourtCivil Suit
…Officer unless the Taxing Officer, erred in principle in assessing the costs.”…
…I have perused the submissions that were made by the parties before the taxing officer and the ruling of the taxing officer dated 7th December 2023.…
Division and case type: High Court CivilCivil Suit
…); that the taxing officer failed to give reasons for her taxation as required by law; that instead, the taxing officer issued a warrant against the Appellant before discharging her duty under the law.…
…Further that the taxing officer’s decision was rendered on 26.5.23.…
Division and case type: Environment and Land CourtCivil Suit
…Officer unless the Taxing Officer, erred in principle in assessing the costs.”…
…I have considered how the taxing officer taxed each item in the bill of costs.…
Division and case type: Environment and Land CourtCivil Suit
…He stated that the Taxing Officer delivered her ruling on 23rd January, 2025 for the Amended Party and Party Bill of costs dated 2nd July, 2024.…
…E490 of 2024 were filed to assist the Taxing Officer determine the value of the subject matter.…
Division and case type: Environment and Land CourtCivil Suit
…2025 be remitted for taxation before any taxing officer and costs.…
…The application is predicated on the six (6) grounds on its face and supported by the affidavit of Mercy Wambugu, legal counsel, sworn on the 18th July 2025, in which she inter alia deposed that the taxing officer taxed the…
Division and case type: Environment and Land CourtMiscellaneous Application
…By the said decision, the taxing officer taxed and allowed the respondent’s bill of costs dated 30.05.2023 in the sum of Kshs. 2,685,481.67 only.…
…The applicant faulted the taxing officer for taking the sum of Kshs.120,000,000/= as the value of the subject matter.…
Division and case type: High Court CivilCivil Suit
…Paragraph 11(1) of the Advocates (Remuneration) Order, 2009 provides that a party aggrieved by the decision of a taxing officer “may within fourteen days after the decision give notice in writing to the taxing officer of…
…Second, where the Court does find an error of principle, the ordinarily correct course is not for the Court itself to fix a fresh figure, but to remit the item to the taxing officer for reassessment, since the taxing officer…
Division and case type: High Court CivilCivil Suit
…In the instant matter, it is apparent the taxing officer relied on the pleadings to determine the value of the subject matter.…
…The taxing officer considered the figures of the already deleted impugned loan accounts to compute and tax the Bill of Costs. 15.…
Division and case type: Environment and Land CourtMiscellaneous Application
…This means that the reasons for the ruling of the taxing officer were available to the parties on 14th March 2024.…
…the taxing officer of the items of taxation to which he objects. (2) The taxing officer shall forthwith record and forward to the objector the reasons for his decision on those items and the objector may within fourteen days…
Division and case type: High Court CivilCivil Suit
…It is trite that a court will not normally interfere with the exercise of the taxing officer unless the taxing officer, in taxing the bill of costs, erred in principle.…
…with the exercise of discretion by the taxing officer unless the taxing officer, erred in principle in assessing the costs.”…
Division and case type: Environment and Land CourtMiscellaneous Application
…That the taxing officer awarded Kshs.30,000 under item 2 of the Bill of Costs as fees for getting up and preparing for trial yet the said amount was not chargeable as the matter in respect of which the taxing officer allowed…
…Secondly, that the Taxing Officer failed to tax off an amount of Kshs.67,400 which had been paid prior to the taxation of the Bill of Costs.…
Division and case type: Environment and Land CourtCivil Suit
…decision of the Taxing Officer is required to file a Reference within 14 days from the date.…
…Rule 11 (1) and (2) of the Advocates Remuneration Order obligates a party who objects to a decision of a taxing officer to give notice in writing to the taxing officer of the items of taxation objected to within 14 days of…
Division and case type: Environment and Land CourtMiscellaneous Application
…She averred that the taxing officer on 5th November, 2024 delivered a reasoned ruling on the Bill of Costs.…
…It is trite law that taxation of costs is a discretionary function of the Taxing Officer and this court will not interfere with the Taxing Officer’s exercise of discretion merely on the basis that the award is too low or…
Division and case type: Environment and Land CourtMiscellaneous Application
…Paragraph 12 of ADO on a reference by the taxing officer stipulates as follows; “With the consent of both parties, the taxing officer may refer any matter in dispute arising out of the taxation of a bill for the opinion of…
…The court has perused the proceedings before the taxing officer and finds no evidence of objection to the jurisdiction of the taxing officer to determine the question of limitation.…
Division and case type: Environment and Land CourtCivil Suit
…That in the alternative, the 3rd defendant’s party and party bill of costs dated the 29th December 2021 to be taxed afresh before another taxing officer.…
…Whether the taxing officer’s ruling of 12th July 2023, on the 3rd defendant’s party and party bill of costs, should be set aside.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The Applicant’s bill of costs was taxed by the taxing officer Hon. M.Shimenga on 28th October 2021 at Kshs. 263,500.32.…
…any party object to the decision of the taxing officer, he may within fourteen days after the decision give notice in writing to the taxing officer of the items of taxation to which he objects. (2) The taxing officer shall…
Division and case type: Environment and Land CourtCivil Suit
…officer’s jurisdiction in taxing the 3rd defendant’s party and party bill of costs.…
…Taxation of costs is a discretionary jurisdiction vested in the taxing officer.…
Division and case type: Environment and Land CourtMiscellaneous Application
…ISSUE NO. 1- WHICH ARE THE PROCEEDINGS PENDING IN THIS FILE BEFORE THE DEPUTY REGISTRAR/TAXING OFFICER?…
…ISSUE NO. 1- WHICH ARE THE PROCEEDINGS PENDING IN THIS FILE BEFORE THE DEPUTY REGISTRAR/TAXING OFFICER?…
Division and case type: Environment and Land CourtCivil Suit
…Counsel submitted that the Applicants challenged the assessment of the Bill of Costs by the taxing officer on three grounds: the taxing officer failed to consider the consent order in place, the taxing officer had erroneously…
…costs unless the Taxing Officer had misdirected himself on a matter of principle. 14.…