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Court of AppealPartially AllowedCivil Application No. NAI 235 of 1996 (83/96 UR)· [2000] KECA 94 (KLR)

JOHN KIMANI NJONGE & 2 OTHERS v BORO KINYUA & 6 OTHERS [2000] KECA 94 (KLR)

Court of Appeal
8 February 2000
367 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan taxing officer slashed a KShs.420,000 legal fee claim to KShs.20,000 because the underlying application was withdrawn before it was ever heard.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

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Executive summary

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This is a ruling on taxation delivered in chambers by T. S. Luvuga, Deputy Registrar, at Nairobi on 8 February 2000, arising from Civil Application No. NAI 235 of 1996 (83/96 UR). The underlying matter was an application for stay of execution in an intended appeal by the applicants against a ruling of Bosire J of the High Court at Nairobi dated 15 November 1995 in H.C.C.C. No. 1741 of 1995. The stay application was listed for hearing over two days, was adjourned on 24 October 1996, and was ultimately withdrawn in court on 2 May 1997 without ever being heard on merits. The respondents' advocates filed a bill of costs on 22 August 1997, claiming, among other items, KShs.420,000 on item one. Counsel for the respondents submitted that the matter involved great public importance and required taking instructions from the respondents and other members of the public. The taxing officer, having perused the record and the notes of proceedings, held that the sum claimed on item one was far excessive and unreasonable given that the application was withdrawn without a hearing on merits, and allowed only KShs.20,000 on that item, taxing off KShs.400,000. All other items were considered and taxed. The bill was taxed at KShs.20,945, plus a taxing fee of KShs.210, totalling KShs.21,155. Because more than a quarter of the profit costs claimed was disallowed, items 26 and 27, including attendance before the taxing officer, were disallowed. No authorities were cited and no separate costs order was made.

Key legal issues

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01

Reasonableness of costs claimed on a bill arising from a withdrawn application

Holding

The KShs.420,000 claimed on item one was excessive; only KShs.20,000 was allowed and KShs.400,000 taxed off

Reasoning

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.

p. 2
02

Consequence of disallowing more than a quarter of the profit costs claimed

Holding

Items 26 and 27 of the bill, including attendance before the taxing officer, were disallowed under the applicable costs rule

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.KShs.400,000 taxed off item one of the bill, leaving KShs.20,000 allowed on that item
  2. 2.All other items of the bill considered and taxed
  3. 3.Bill of costs filed on 22.8.97 taxed at KShs.20,945 plus KShs.210 taxing fee, totalling KShs.21,155
  4. 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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.