Chui & another v Hass Petroleum K Limited & 2 others (Environment and Land Case 197 of 2018) [2025] KEELC 4877 (KLR)

The earlier ruling of 6th November, 2024 determined an application under Sections 80 and Order 45 of the Civil Procedure Rules seeking review on the ground of error apparent on the face of the record. The present Summons is a reference under Paragraph 11(2) of the Advocates Remuneration Order, invoking the court's jurisdiction to interfere with a taxing decision on established legal principles; the causes are therefore distinct. However, the issue of the Taxing Master's failure to consider the submissions cannot be re-determined as it was conclusively decided in the earlier ruling.

The Bill arose from a suit in which the parties laid claim to two parcels of land, L.R No 12062/915 and L.R No 26719 - I.R 122352, both of which constituted the subject matter. The Taxing Master considered only the Plaintiffs' suit parcel and not the counterclaim parcel. Further, although no value was pleaded for L.R 12062/915, the Defence and Counterclaim attributed values to L.R 26719 both as purchase price and as collateral securing a facility. These were errors of principle warranting the court's interference with the taxation.

While the Plaint itself pleaded no value for L.R No 12062/915, the Defence and Counterclaim referenced the value of L.R No 26719 - I.R 122352 in terms of its purchase price and the USD 14,000,000 facility it secured. Under the Joreth Ltd principle, the value of the subject matter is to be determined from the pleadings, judgment or settlement. The Taxing Master's finding that the value was not ascertainable from the pleadings or judgment was therefore an error of principle.