Wanyama t/a Wanyama & Company Advocates v Ikapel [2023] KEHC 26548 (KLR) | Taxation Of Costs | Esheria

Wanyama t/a Wanyama & Company Advocates v Ikapel [2023] KEHC 26548 (KLR)

Full Case Text

Wanyama t/a Wanyama & Company Advocates v Ikapel (Miscellaneous Application E040 of 2021) [2023] KEHC 26548 (KLR) (11 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26548 (KLR)

Republic of Kenya

In the High Court at Busia

Miscellaneous Application E040 of 2021

WM Musyoka, J

December 11, 2023

Between

OM Wanyama T/A Wanyama & Company, Advocates

Applicant

and

Beatrice Awino Ikapel

Respondent

Ruling

1. The application for determination is dated July 29, 2021, seeking the setting aside of the taxation on June 30, 2021 of the advocate/client Bill of Costs, and its remission to the taxing officer for taxation.

2. The background given, on the face of the application, and in the supporting affidavit, is that the taxing officer made an error during taxation, when she treated the suit as undefended, and taxed the Bill at the lower scale, instead of treating the suit as defended and taxing on the higher scale. It is also complained that the taxed costs were not increased by one half.

3. I see, on the record, a letter that the applicant wrote to the taxing officer on the matter, dated July 14, 2021; and the reply to it by the taxing officer, dated July 15, 2021, wherein she concedes that there was a mistake in taxing the Bill based on the upper scale.

4. There is proof, by way of affidavits of service, that the application was served on the respondent. It has never been responded to, and the respondent never attended court on the dates when the matter came up, either personally or through her Advocates. The application is, therefore, undefended.

5. The matter is fairly straightforward. The bill was taxed, but the wrong principles were applied, a fact that the taxing officer concedes, in her letter to the applicant, dated July 15, 2021. Consequently, I hereby allow the application, dated July 29, 2021, in its entirety.

DATED AND SIGNED IN CHAMBERS, AND DELIVERED BY EMAIL, AT BUSIA THIS…11TH…DAY OF……DECEMBER…...2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Wanyama, instructed by Wanyama & Company, Advocates for the applicant.MISCELLANEOUS APPLICATION NO. E040 OF 2021 – RULING 2