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ELCOtherLand Case No. 93 of 2013· [2019] KEELC 1419 (KLR)
Mary Cherono Chebabun v Wilson Rono & another [2019] KEELC 1419 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The plaintiff in Land Case No. 93 of 2013 (Environment and Land Court, Kitale) moved the court by notice of motion dated 3/7/2019 under Order 22 Rule 7, Order 21 Rules 7, 8 and 9 and Order 51(1) of the Civil Procedure Rules, and Sections 3A and 63(e) of the Civil Procedure Act. She sought to set aside the court's ruling arising from the respondents' taxation dated 7/2/2019, contending that the respondents' certificate of costs was taxed ex-parte at Kshs.92,775/- without service on her advocates, and that she wished to participate in the assessment of costs, invoking natural justice. With a Notice to Show Cause scheduled for 4/7/2019, she also sought costs of the application. The defendants filed grounds of opposition dated 15/7/2019, asserting the application was incompetent, violated Order 11 of the Advocates (Remuneration) Order, and that the court lacked jurisdiction. Mwangi Njoroge J held that the application was not a Rule 11 Reference under the Advocates (Remuneration) Order but a matter concerning service of the notice of taxation and bill of costs, which falls for determination by the Deputy Registrar who conducted the taxation, or the Deputy Registrar for the time being in charge if she is no longer at the station. He directed that the application dated 3/7/2019 be placed before the Deputy Registrar for hearing and final determination, and issued directions in open court on 30/9/2019. No costs order was made.
Key legal issues
#01
Jurisdiction over application to set aside ex-parte taxation
Holding
The application is not a Rule 11 Reference; it should be determined by the Deputy Registrar who conducted the taxation, or the in-charge Deputy Registrar if she has been transferred
Reasoning
The court characterised the application as revolving around taxation and whether the applicant was served with notice of taxation and the bill of costs. Because it does not seek the review contemplated by Rule 11 of the Advocates (Remuneration) Order, the judge held the proper forum is the taxing master herself and directed the application to be placed before the Deputy Registrar for hearing and final determination.
p. 2
Legal principles established
#- An application to set aside a taxation ruling for lack of service is not a Reference under Rule 11 of the Advocates (Remuneration) Order and falls for determination by the Deputy Registrar who conducted the taxation
Court orders
#- 1.The application dated 3/7/2019 shall be placed before the Deputy Registrar for hearing and final determination
- 2.Directions issued in open court
- Jurisdiction invoked
- Order 22 Rule 7, Order 21 Rules 7, 8 and 9 and Order 51(1) of the Civil Procedure Rules; Sections 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mary Cherono Chebabun v Wilson Rono & another [2019] KEELC 1419 (KLR)", Case Analysis (2019). Land Case No. 93 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1419/eng@2019-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.