Ndambuki v Wambua & 2 others (All Sued as the Administrators of the Estate of the Late Beth Nduku Wambua) (Environment and Land Miscellaneous Application E023 of 2024) [2024] KEELC 7231 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Master erred in principle in awarding Kshs 300,000/= as instructions fee when the Applicant contended the value of the suit land was ascertainable from the pleadings as Kshs 3,000/=.
No error in principle. The pleadings disclosed only the 1975 consideration of Kshs 3,000/=, not the current value of the land; no valuation report was furnished. The Taxing Master rightly exercised her discretion, and judicial notice that inflation means the 1975 value cannot equal the 2024 value.
The court noted the Plaint only indicated the Kshs 3,000/= consideration paid in 1975, not the current value of the property, and no valuation report was placed before the court. Under Joreth Ltd v Kigano, where value is not ascertainable from the pleadings, the taxing officer may use discretion, considering the nature and importance of the matter and work done. The court took judicial notice of inflation, upholding the Kshs 300,000/= award.
Whether the getting up fees awarded at one-third of the instructions fee were lawful.
Yes; Schedule 6 Paragraph (2)(i) mandates a getting up fee of not less than one-third of the instruction fee, and the court would not interfere.
The court quoted Schedule 6 Paragraph (2)(i) of the Remuneration Order, which provides that where a denial of liability is filed or issues are joined, a getting up fee of not less than one-third of the instruction fee shall be allowed in addition to the instruction fee. The Taxing Master's award of one-third complied with this provision and was left undisturbed.
Legal principles established
#- A court may only interfere with a taxing officer's decision where it is shown to be based on an error of principle or the fee awarded is manifestly excessive as to justify an inference of error of principle
- The value of the subject matter for taxation is determined from the pleadings, judgment or settlement; if not ascertainable, the taxing officer may use discretion to assess a just instructions fee
Court orders
#- 1.The Chamber Summons application dated the 30th May, 2024 is dismissed with costs
- Jurisdiction invoked
- Rule 11(2) and Schedule 6 of the Advocates (Remuneration) Order; sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndambuki v Wambua & 2 others (All Sued as the Administrators of the Estate of the Late Beth Nduku Wambua) (Environment and Land Miscellaneous Application E023 of 2024) [2024] KEELC 7231 (KLR)", Case Analysis (2024). Chamber Summons application dated 30th May, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7231/eng@2024-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.