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ELCDismissedChamber Summons dated 10th September, 2021· [2022] KEELC 1871 (KLR)

Joyce Wangeci Ruga v Philip Ole Sironka & 2 others [2022] KEELC 1871 (KLR)

Environment and Land Court
27 January 2022
MGM.N. Gicheru
571 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kajiado (M.N. Gicheru, J) determined a Chamber Summons dated 10th September 2021 by which the Applicant, J.M. Kinuthia, sought review and/or setting aside of the Taxing Master's decision of 30th August 2021 taxing the second Defendant's party and party bill of costs dated 28th April 2021, with remission of the bill for re-assessment. The Applicant contended the award of Kshs. 752,283.60 was so excessive as to disclose an error of principle, that the Taxing Master failed to apply the taxation principles in Premchand Raichand Limited v Quarry Services of East Africa Ltd (1972) EA 162, and failed to give sufficient reasons. The Respondent opposed, maintaining the Deputy Registrar applied the law correctly. The court framed three issues: whether the Applicant filed a response to the bill, whether she placed material showing wrong principles or excessiveness, and whether the Taxing Master gave good reasons. On the first, the Applicant, though served on 9th June 2021, filed no objection, forfeiting the chance to participate in taxation. On the second, she placed no material indicating how costs should have been taxed, so no basis for review existed. On the third, the Taxing Master gave good reasons for reducing instruction fees from Kshs. 16,620,000 to Kshs. 500,000, the value of the subject matter being unestablished from the pleadings or award; the quantum was within his discretion and correctly exercised. The Chamber Summons was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the Taxing Master's award of Kshs. 752,283.60 was manifestly excessive and erroneous in principle

Holding

The application fails; the Applicant filed no objection to the bill, placed no material showing error of principle, and the Taxing Master gave good reasons for reducing instruction fees from Kshs. 16,620,000 to Kshs. 500,000

Reasoning

The court found the Applicant was served with the bill on 9th June 2021 but filed no objection, depriving the Taxing Master of material to consider. On the reference, she again placed no material indicating how costs should have been taxed, leaving no basis for review even if the taxation were set aside. The Taxing Master's reasons for reducing the instruction fees were sound because the value of the subject matter could not be established from the pleadings or the award, and the quantum awarded was within his discretion.

p. 2

Legal principles established

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  • A party who does not participate in taxation and places no material before the court on review cannot establish that the Taxing Master erred in principle
  • Where the value of the subject matter cannot be established from the pleadings or the award, the amount of instruction fees is within the discretion of the Taxing Master

Court orders

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  1. 1.The Chambers Summons dated 10th September, 2021 was dismissed
  2. 2.Costs of the application awarded to the Respondent

Authorities

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Cases cited (1)

  • Premchand Raichard Limited and another –versus- Quarry Services of East Africa Limited
    (1972) EA 162
Jurisdiction invoked
Reference/review jurisdiction over the Taxing Master's decision (Chamber Summons seeking review and setting aside of a party and party bill of costs taxation)

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, "Joyce Wangeci Ruga v Philip Ole Sironka & 2 others [2022] KEELC 1871 (KLR)", Case Analysis (2022). Chamber Summons dated 10th September, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1871/eng@2022-01-27

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