Noorani v Ochieng & another
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Competency of the application to set aside the taxation ruling
The application was defective because it sought to set aside a non-existent ruling by Hon. Mary Osoro on a bill dated November 11, 2022, when the actual ruling was delivered by I.N Barasa on April 25, 2023 on a bill dated September 9, 2022
The plaintiff demonstrated there was no record of a ruling by Hon. Mary Osoro or a bill dated November 11, 2022. The applicant also failed to file the notice required under Rule 11 of the Advocates Remuneration Order before mounting a challenge to the taxing officer's decision. The court nonetheless, invoking Article 159, proceeded to determine the application on its merits since it was filed within 14 days of the actual ruling.
Whether the taxation ruling was per incuriam of the December 7, 2022 orders
No - the Deputy Registrar expressly took the December 7, 2022 orders into account and disallowed items covering costs incurred prior to May 14, 2013
The Deputy Registrar's ruling quoted the court's variation of the decree, directing interest at 14% and costs calculated from May 14, 2013, and consequently disallowed items 4 to 18, 41 to 72, 119 to 130, 139 to 158 and 187 to 203. The court found no error, noting that by 2013 the case was underway so instruction and getting up fees were properly factored into the bill.
Legal principles established
#- An objection to a taxing officer's ruling must follow the Rule 11 procedure of the Advocates Remuneration Order, beginning with a notice within 14 days identifying the items objected to
- A court may nonetheless determine an improperly framed application on its merits in the interest of substantive justice under Article 159 of the Constitution where filed within 14 days of the taxing officer's ruling
Court orders
#- 1.The 2nd Defendant's Chamber Summons application dated May 2, 2023 is dismissed
- 2.Costs of the application awarded to the plaintiff
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over costs taxation in ELC Case 319 of 2008; Article 159 of the Constitution invoked on substantive determination
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Noorani v Ochieng & another", Case Analysis (2023). Environment & Land Case 319 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/19282/eng@2023-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.