JOHN KIMANI NJONGE & 2 OTHERS v BORO KINYUA & 6 OTHERS [2000] KECA 94 (KLR)
The bottom line
#A Kenyan taxing officer slashed a KShs.420,000 legal fee claim to KShs.20,000 because the underlying application was withdrawn before it was ever heard.
What this practically means
#Executive summary
#Key legal issues
#Reasonableness of costs claimed on a bill arising from a withdrawn application
The KShs.420,000 claimed on item one was excessive; only KShs.20,000 was allowed and KShs.400,000 taxed off
The taxing officer reviewed the record and noted that the stay application was adjourned on 24.10.96 and withdrawn on 2.5.97 without ever being heard on merits, despite being listed for hearing over two days. Taking all the facts into consideration, the large sum claimed on item one could not be said to be reasonable, and a much smaller sum was awarded.
Consequence of disallowing more than a quarter of the profit costs claimed
Items 26 and 27 of the bill, including attendance before the taxing officer, were disallowed under the applicable costs rule
The taxing officer applied the established principle that where more than a quarter of the profit costs claimed is disallowed on taxation, the subsequent items of the bill, including attendance fees, fall to be disallowed. Having taxed off KShs.400,000 from item one, this threshold was crossed and items 26 and 27 were struck out.
Legal principles established
#- Where an application is withdrawn before it is heard on merits, only modest costs can reasonably be allowed on the resulting bill of costs
Court orders
#- 1.KShs.400,000 taxed off item one of the bill, leaving KShs.20,000 allowed on that item
- 2.All other items of the bill considered and taxed
- 3.Bill of costs filed on 22.8.97 taxed at KShs.20,945 plus KShs.210 taxing fee, totalling KShs.21,155
- 4.Items 26 and 27 of the bill, including attendance before the taxing officer, disallowed because more than a quarter of the profit costs claimed was disallowed
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 1741 of 1995
- Jurisdiction invoked
- Taxation of costs arising from a withdrawn application for stay of execution in an intended appeal (Court of Appeal, in chambers, before the Deputy Registrar)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "JOHN KIMANI NJONGE & 2 OTHERS v BORO KINYUA & 6 OTHERS [2000] KECA 94 (KLR)", Case Analysis (2000). Civil Application No. NAI 235 of 1996 (83/96 UR). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/94/eng@2000-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.