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ELCDismissed· [2024] KEELC 4292 (KLR)

Ruai Central 54 Association (Suing Through Julius Ntorono Kubai -Chairman , Erastus Nyambutu Migosi - Secretary,Beatrice Mumbi Njoroge - Treasurer) v Ng’ang’a & another (Miscellaneous Cause 694 of 2014) [2024] KEELC 4292 (KLR)

Environment and Land Court
9 May 2024
1,633 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court dismissed a bid to overturn a Ksh.643,470 costs award, confirming courts rarely interfere with a taxing master's ruling.

What this practically means

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Executive summary

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Following a judgment delivered on 17th December 2020, the plaintiff filed a party and party bill of costs which the Deputy Registrar taxed at Ksh.643,470/= in a ruling of 4th July 2022, including instruction fees of Ksh.600,000/=. The 1st defendant (applicant) brought a Chamber Summons dated 18th July 2022 seeking review or setting aside of that ruling, arguing that the taxing master erred in failing to appreciate the judgment's finding that he had good title to pass to the plaintiff and that no fraud by him was proved, and that there was no value of the subject matter to warrant the instruction fees awarded. He relied on Cecilia Karuru Nganyu v Barclays Bank of Kenya, contending that a wrongfully sued party should not pay costs. The plaintiff opposed, invoking Ochieng, Onyango, Kibet & Ohago Advocates v Adopt a Light Limited and Schedule VI paragraph 1(b) of the Advocates Remuneration Order 2014, but urged the court to upscale the fees to Ksh.1,175,000/=. The court framed a single issue: whether the taxing officer erred in principle so as to justify interference. Applying Republic v Ministry of Agriculture Ex parte Muchiri W'njuguna, Nyangito & Co. Advocates, Joreth Limited and Bank of Uganda v Banco Arabe Espanol, the court held that the taxing master had properly exercised her discretion where the subject matter value was unascertainable, considering the importance of the matter and its duration. The taxing master's role was simply to tax the bill once costs were awarded jointly and severally against both defendants; she could not inquire into the propriety of the costs award. The application was dismissed on 9th May 2024.

Key legal issues

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01

Whether the taxing master erred in principle in taxing instruction fees at Ksh.600,000/= where the value of the subject matter was unascertainable

Holding

The taxing master did not err; she properly exercised her discretion under the Advocates Remuneration Order, considering the importance of the matter to the parties and the length of time the matter had been in court.

Reasoning

The taxing master expressly recorded that the value of the subject matter was unascertainable from the judgment and pleadings, and thus exercised her discretion per the Advocates Remuneration Order and Joreth Limited v Kiganjo Associates. Relevant factors, including importance of the matter and duration of proceedings, were considered, so there was no omission of relevant factors or reliance on irrelevant ones warranting interference.

p. 3
02

Whether the 1st defendant could be exempted from paying costs because the judgment found he had good title and no fraud was proved against him

Holding

No. Judgment was entered against both defendants jointly and severally with costs; the taxing master's role is simply to tax the bill and she cannot revisit whether the award of costs was correct. Any such challenge should have been taken up before the court.

Reasoning

The court held that the taxing master correctly declined to examine the propriety of the costs award. The applicant's grievance about the judgment's finding of joint and several liability was a matter for the court, not the taxing master, and no basis for review of the taxation ruling was established.

p. 3

Legal principles established

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  • A court will not interfere with a taxing officer's decision unless it is shown that the decision was based on an error of principle, or the fee awarded was manifestly excessive or manifestly low as to justify an inference of error of principle.
  • The role of the taxing master, once the court has awarded costs, is simply to tax the bill; the taxing master cannot inquire into whether the award of costs was correct.
  • The value of the subject matter for taxation of instruction fees is determined from the pleadings, judgment or settlement; if not ascertainable, the taxing officer may use discretion to assess just instruction fees considering the nature and importance of the matter, interests of the parties and conduct of proceedings.

Court orders

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  1. 1.The Chamber Summons application dated 18th July 2022 having no merit is hereby dismissed
  2. 2.The Taxing Master's ruling of 4th July 2022 taxing the bill at Ksh.643,470/= is not disturbed

Authorities

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Legislation

  • Advocates (Remuneration) Order 2014Schedule VI paragraph 1(b)

Cases cited (6)

  • Cecilia Karuru Nganyu v Barclays Bank of Kenya & Another
    (2016) eKLR (printed as 2026)
  • Ochieng, Onyango, Kibet & Ohago Advocates v Adopt a Light Limited
    (2007) eKLR
  • Republic v Ministry of Agriculture & 2 others Ex parte Muchiri W'njuguna & 6 Others
    [2006] eKLR
  • Nyangito & Co. Advocates v Donyo Lessos Cremaries Ltd
    [2014] eKLR
  • Joreth Limited v Kiganjo Associates
    (2002) eKLR
  • Bank of Uganda v Banco Arabe Espanol
    SC Civil Application No. 23 of 1999
Jurisdiction invoked
Inherent powers of the court on review of a Taxing Master's ruling (review of party and party bill of costs taxed on 4th July 2022)

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, "Ruai Central 54 Association (Suing Through Julius Ntorono Kubai -Chairman , Erastus Nyambutu Migosi - Secretary,Beatrice Mumbi Njoroge - Treasurer) v Ng’ang’a & another (Miscellaneous Cause 694 of 2014) [2024] KEELC 4292 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4292/eng@2024-05-09

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