Directline Assurance Co Ltd v Chamwana [2023] KEHC 19294 (KLR)

Directline Assurance Co Ltd v Chamwana (Civil Appeal E009 of 2022) [2023] KEHC 19294 (KLR) (Civ) (27 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19294 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal E009 of 2022

AN Ongeri, J

June 27, 2023

Between

Directline Assurance Co Ltd

Appellant

and

Edwin Chamwana

Respondent

Ruling

1. The application coming for consideration in this ruling is the reference dated 6/3/2023 from the Taxing Master’s ruling delivered n 8/12/2022.

2. The only item contested is the instruction fee which was taxed under schedule 6A of the Advocates Remuneration (amendment) Order 2104.

3. The taxing master taxed off kshs 28,592. 96.

4. The value of the subject matter was award of ksh 1,718,591. 20.

5. The Advocates Remuneration Order provides for ksh 120,000 for upto 1,000,000 and 2% of the excess.

6. The proper calculation is as follows1,000,000 – 120,0002% of the excess (Ksh 718,591. 20) = 14,371. 82Total award 134,371. 82

7. I find that the taxing officer was right in her calculation.

8. The advocate was asking for 2% of the total figure of 1,718,591. 20. I find that granting 2% of the total figure would amount to double award.

9. The reference is dismissed with no order as to costs.

DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 27TH DAY OF JUNE, 2023. ………….…………….A. N. ONGERIJUDGEIn the presence of:……………………………. for the Appellant……………………………. for the Respondent