Hatimy alias Rukiya Nurein Hatimy & another v Hatimy & another (Environment & Land Case 45 of 2014) [2024] KEELC 7364 (KLR)
The bottom line
#Kenya's Environment and Land Court set aside a costs ruling because the taxing officer ignored a party's filed opposition, and ordered the bill re-taxed.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing master erred in treating the bill as unopposed
Yes - the defendants' submissions dated 14th December 2023 were on record via e-filing, so the bill was opposed and the taxing master misdirected himself.
The court noted the taxing master's ruling recorded the bill as not opposed, yet the defendants exhibited submissions dated 14th December 2023 filed through e-filing at 18:04:35. Holding the bill unopposed and taxing it without considering the defendants' input denied them a hearing contrary to Article 50(1). Setting aside and remitting for re-taxation was the fair and just remedy.
Appropriate remedy for the taxing master's misdirection
The ruling of 13th March 2024 was set aside and the bill of costs remitted for re-taxation, with each party bearing own costs.
To accord the defendants an opportunity to be heard, the court found it fair and just to set aside the ruling and remit the bill of costs dated 21st June 2023 to the taxing master for re-taxation. Applying section 27 of the Civil Procedure Act, the court ordered each party to bear its own costs, finding this just in the circumstances.
Legal principles established
#- A litigant who has filed submissions on a bill of costs has a right to be heard, and a taxing master errs in treating the bill as unopposed and taxing it without considering those submissions.
Court orders
#- 1.The taxing officer's ruling of 13th March 2024 on the party and party bill of costs dated 21st June 2023 is set aside
- 2.The Party and Party bill of costs filed by the plaintiffs dated 21st June 2023 is remitted back to the taxing officer for re-taxing
- 3.Each party to bear their own costs in the application
- Jurisdiction invoked
- Inherent jurisdiction to review/set aside a taxing master's ruling; Article 50(1) of the Constitution invoked (right to be heard)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hatimy alias Rukiya Nurein Hatimy & another v Hatimy & another (Environment & Land Case 45 of 2014) [2024] KEELC 7364 (KLR)", Case Analysis (2024). Not stated in judgment (ELC Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7364/eng@2024-11-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.