Joseph Musungu Ngachi v Henry Mukhwana Kwenuli & another [2020] eKLR Case Summary

Court
Environment and Land Court at Kakamega
Category
Civil
Judge(s)
N.A. Matheka
Judgment Date
October 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Joseph Musungu Ngachi v. Henry Mukhwana Kwenuli & Land Registrar Kakamega

1. Case Information:
- Name of the Case: Joseph Musungu Ngachi v. Henry Mukhwana Kwenuli & Land Registrar Kakamega
- Case Number: ELC MISC. CASE NO. 14 OF 2020
- Court: Environment and Land Court at Kakamega
- Date Delivered: 27th October 2020
- Category of Law: Civil
- Judge(s): N.A. Matheka
- Country: Republic of Kenya

2. Questions Presented:
The central legal issues presented in this case include:
- Whether the Taxing Officer erred in law by failing to consider the nature of the matter and the interests of the parties in assessing costs.
- Whether the court has jurisdiction to interfere with the Taxing Officer's decision on the bill of costs and, if so, under what circumstances.

3. Facts of the Case:
The applicant, Joseph Musungu Ngachi, filed an application against the respondents, Henry Mukhwana Kwenuli and the Land Registrar Kakamega, regarding a bill of costs dated 30th October 2019. The application sought to set aside the decision made by the Taxing Officer on 9th April 2020. The applicant contended that the Taxing Master had erred in law by granting fees on a higher scale without considering the case's nature, the amount involved, and the general conduct of the proceedings. The applicant claimed that the suit was struck out on a legal technicality, and thus, the fees awarded were inappropriate.

4. Procedural History:
The application was filed on 6th May 2020 under various rules of the Advocates Remuneration Rules and Civil Procedure Rules. The applicant sought an urgent hearing and requested the court to either set aside the Taxing Officer's decision or remit the bill for re-taxation. The respondents argued that the Taxing Master’s assessment was correct as the matter was defended and that the successful party was entitled to costs as incurred. The court reviewed the application and the submissions from both parties.

5. Analysis:
- Rules: The court referred to Rule 11 of the Advocates Remuneration Order, which outlines the procedure for objecting to a Taxing Officer's decision. The court emphasized that the objector must give notice within 14 days of the decision and that the Taxing Officer must provide reasons for their decision.
- Case Law: The court cited *First American Bank of Kenya v. Shah and Others* (2002) EA 64, which established that a court can only interfere with a Taxing Officer's decision if there is an error of principle or if the fee awarded is manifestly excessive. The court also referenced *Joreth Ltd v. Kigano & Associates* (2002) 1 EA 92, which reiterated that the Taxing Master exercises judicial discretion that can only be interfered with under specific conditions.
- Application: The court found that the applicant did not follow the correct procedure for challenging the Taxing Officer’s decision. The Taxing Master was deemed to have exercised discretion appropriately by considering relevant factors in assessing costs. The court concluded that the Taxing Master’s decision did not exhibit an error of principle warranting interference.

6. Conclusion:
The court dismissed the applicant's application, affirming the Taxing Officer's decision regarding the bill of costs. The ruling underscored the importance of adhering to procedural requirements when challenging a Taxing Officer's decision and reinforced the standards for judicial discretion in cost assessments.

7. Dissent:
There were no dissenting opinions noted in the ruling; the decision was unanimous.

8. Summary:
The outcome of the case was that the court dismissed the application by Joseph Musungu Ngachi, upholding the Taxing Officer's decision on costs. This case highlights the procedural rigor required in contesting a Taxing Officer's ruling and the deference given to the Taxing Master’s discretion in assessing legal fees. The ruling serves as a precedent for future cases involving disputes over costs in civil proceedings.

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