R U L I N G
This is a reference on taxation from the ruling of the Deputy Registrar of this Court delivered at Nairobi on 21st December, 2010. The appellant’s bill of costs against the respondent was drawn at K.Shs.2,955,066 and was itemized in a total of 49 items. The contested items in the bill are Nos.1, 7, 18, 46, 47 and 49.
The appellant’s counsel Mr. Gachuhi submitted before the Deputy Registrar that the bill related to general damages which were computed in the bill in a total sum of K.Shs.380,225,365.77. It was the counsel’s submission that the sum be taxed at K.Shs.2,200,000.00/=. He also asked K.Shs.733,333/= as getting up fees.
On her part Ms. Migiro who appeared for the respondent referred to the third schedule paragraphs 9(1) and 9(2) of the Court of Appeal Rules and submitted that the taxing master had discretion to allow instruction fee of such sums as he considers reasonable. She was of the view that the sum of K.Shs.2,200,000.00/= was manifestly excessive and she propos…