Zacharia Barasa v Dubai Bank Kenya Limited [2015] KEELC 109 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

ENVIRONMENT AND LAND DIVISION

MISC. 35 OF 2014

ZACHARIA BARASA….…….………….PLAINTIFF

=VERSUS=

DUBAI BANK KENYA LIMITED  ………DEFENDANT

RULING

The matter herein for consideration arise out of an application for Auctioneer’s Bill of Costs, dated 14th January 2014. The Bill of costs arise out of instructions dated 13th March 2013,to redeem various charged properties belonging to Kwanza Estates Ltd located in Mombasa and Malindi  for purposes of recovering of Kshs.200,185,051/98 owed to Dubai Bank of Kenya Ltd .

The appellant sent out a Notice of Taxation dated 11th February 2014. The Bill was taxed by the Deputy Registrar and through a Ruling delivered on 17th April 2014, and the same Bill was taxed at Kshs.14, 695/= . The appellant had sought for Kshs.2,043,563/54 as his Bill of Costs.

Upon delivery of the Ruling on 17th April 2014, the appellant was dissatisfied with the same and filed this Appeal. The Respondent had submitted that the Application herein is bad in law as the law governing such taxation is the Advocates Remuneration Act and not the Auctioneers Act and Rules 1997. However, I noted that the initial taxation before the Deputy Registrar was done under the Auctioneers Rules. I do find and hold that the application herein is properly brought under Rules 55 (c ) & 55 (2) of the Auctioneers Rules. The application is also brought as an appeal as provided by Rule 55(4) of the Auctioneer Rules and it is properly titled Chamber Summons.

On the merit of the application. I will adopt my findings in Misc No.36 of 2014 brought by the applicant herein. The Court herein adopts the findings and reasoning in the Ruling of Misc. No.36 of 2014 and finds that this application has no merit. The same is dismissed with costs to the Respondent.

Dated and Delivered this 29thday of June 2015.

It is so ordered.

L GACHERU

JUDGE

In the Presence of:-

Mr Manjau holding brief for Mr Khakula for the Appellant/Applicant

Mr Tebino for the Respondent

Hilda:    Court Clerk

Court:

Ruling read in open Court in the presence of the above advocates.

L.GACHERU

JUDGE