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JOSEPH GIOCHE KURIA
V.
KIRU TEA FACTORY CO. LTD

(2022) JELR 113998 (CA)

Court of Appeal 29 Jul 2022 Kenya
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Case Details

Suit Number:Civil Appeal 69 of 2017
Judges:HM Okwengu, JA F Sichale, JA A Mbogholi-Msagha, JA
Location:Nyeri

JUDGMENT

  1. This is a second appeal against the ruling and order of Mshila J delivered on March 30, 2017 following a reference by the appellant disputing the bill of costs by the taxing master. The taxing master had taxed the bill from Kshs. 105,395 to Kshs. 49,830. This aggrieved the appellant who filed the said reference which was dismissed by the High Court leading to this appeal.

  2. In dismissing the reference, the High Court agreed with the taxing master in the application of the Advocates Remuneration Orders (ARO) of the years 2009 and 2014 as set out in the taxation ruling dated September 23, 2016 followed by Certificate of Costs dated October 14, 2016.

  3. We consider it necessary to put the dispute in perspective. The appellant sued the respondent in the magistrate’s court claiming tea dues amounting to Kshs. 458,887. The respondent denied the claim which prompted the appellant to file an application to strike out the defence which application was allowed. The respondent’s appeal against …

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