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ELCPartially AllowedNotice of Motion dated 8th July 2015· [2016] KEELC 1232 (KLR)

Ratemo Oira & Co. Advocates v Magereza Savings and Credit Co-operative Society Ltd [2016] KEELC 1232 (KLR)

High Court of Kenya
1 April 2016
MGMARY M. GITUMBI
817 words in judgment
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The bottom line

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The High Court set aside a ruling that dismissed an advocate's fee bill without addressing his arguments, and ordered the bill taxed afresh before a different Deputy Registrar.

What this practically means

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Executive summary

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The Advocate/Applicant, Ratemo Oira, moved the High Court by Notice of Motion dated 8th July 2015 seeking to set aside a ruling of Deputy Registrar Sharon Mwayuli dated 18th June 2015 which dismissed his Bill of Costs dated 28th January 2015 without taxing it, and seeking reinstatement of the Bill for taxation before a different Deputy Registrar. The application was supported by an affidavit of the Applicant sworn on 8th July 2015, setting out fifteen grounds of complaint, including that the Deputy Registrar failed to consider the Client/Respondent's own admissions on particular items, the value of the parcel of land (L.R. No. 12979/4 I.R. No. 68946, 1652 acres, said to be valued at Kshs. 8.8 billion) in fixing the instruction fee by reference to Joreth Limited v Kigano & Associates, searches conducted, rates paid, the unexecuted transfer and sale agreement, and the demand for fees. The court perused the Deputy Registrar's ruling and observed that the matters raised by the Applicant appeared not to have been addressed directly in it, holding that whether there was merit in the fifteen grounds was a matter to be determined. On that basis, the court set aside the ruling of 18th June 2015, reinstated the Bill of Costs and directed that it be taxed afresh before Deputy Registrar Isabella Barasa. The application accordingly succeeded. No costs order was recorded.

Key legal issues

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Whether the Deputy Registrar's ruling dismissing the Bill of Costs without taxing it should be set aside

Holding

Yes. The court found the grounds raised by the Applicant did not appear to have been addressed directly in the ruling and set it aside, reinstating the Bill of Costs for taxation afresh before a different Deputy Registrar.

Reasoning

The court perused the Deputy Registrar's ruling of 18th June 2015 and observed that the fifteen matters raised by the Applicant were not directly addressed in it. Rather than determine the merits of those grounds itself, the court held that their merit was a matter for determination upon taxation, and exercised its discretion to set aside the ruling, reinstate the Bill and remit it for afresh taxation before Deputy Registrar Isabella Barasa.

Legal principles established

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  • Where a Taxing Master's ruling fails to address directly the matters raised by an Advocate in a Bill of Costs, the High Court may set aside that ruling, reinstate the Bill and direct taxation afresh before another Deputy Registrar

Court orders

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  1. 1.The Ruling delivered on 18th June 2015 by Deputy Registrar Sharon Mwayuli is set aside
  2. 2.The Bill of Costs dated 28th January 2015 is reinstated
  3. 3.The Bill of Costs shall be taxed afresh before the Learned Deputy Registrar, Isabella Barasa

Authorities

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Cases cited (1)

  • Joreth Limited versus Kigano & Associates
    (2000) E.A. 92
Jurisdiction invoked
Inherent supervisory jurisdiction of the High Court over taxation rulings of the Deputy Registrar (reference to Taxing Master's decision; no express provision cited)

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, "Ratemo Oira & Co. Advocates v Magereza Savings and Credit Co-operative Society Ltd [2016] KEELC 1232 (KLR)", Case Analysis (2016). Notice of Motion dated 8th July 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1232/eng@2016-04-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.