RULING ON TAXATION
The respondents' bill of costs before me for taxation arises out of an appeal to the Court of Appeal against an order of the High Court dismissing an application for review of an earlier order dismissing the application for injunction.
The appeal was withdrawn with costs to the respondents by a consent letter jointly signed by the advocates for the parties.
Mr. Mwaura objected to items 4 instructions fees and 10 of the bill of costs on the ground that the amount of KShs.1,200,000/= claimed on item 4 is not justified as the appeal was an ordinary one and there was nothing difficult in it. The appeal was concerning a refusal by the High Court to grant an injunction to the appellants. He said the appeal was not heard instead it was withdrawn by consent of both parties.
In Mr. Mwaura's view there was no preparation by the counsel for the respondents as he could have prepared if the appeal came to hearing. He referred to rule 9(2) page 48 of the rules and submitted that even…