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UNIVERSITY OF NAIROBI & ANOR
V.
NABISWA WAKENYA MOSES

(2022) JELR 113508 (CA)

Court of Appeal 4 Feb 2022 Kenya
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- The appeal arose from the High Court’s affirmation of the Taxing Master’s assessment of party and party costs at Kshs. 5,419,547.00, specifically focusing on instruction fees of Kshs. 4,000,000.00 awarded pursuant to Schedule 6A of the Ad

Case Details

Suit Number:Civil Appeal 119 of 2020
Judges:DK Musinga, JA RN Nambuye, JA J Mohammed, JA
Location:Nairobi

JUDGMENT

  1. This is an appeal arising from the ruling of P. Nyamweya, J. (as she then was) in Nairobi J.R Misc Application No. 226 of 2016, dated 21st November, 2018.

  2. The background to the appeal, albeit in a summary form, is that the impugned ruling arises from a determination of two applications triggered by a ruling on taxation of a party and party bill of costs dated 20th December, 2017 filed by the respondent herein vide which the Taxing Master in a ruling delivered on 7th June, 2018 taxed the respondent’s bill of costs at Kshs.5,419,547.00. The appellants were aggrieved by the ruling and filed a Chamber Summons dated 2nd July, 2018. In it, they sought an order for the court to vacate the Taxing Master’s order of 7th June, 2018 taxing the respondent’s bill of costs dated 20th December, 2017 at Kshs. 5,419,546.00; set it aside and or vacate it; and the matter to be remitted to another Taxing Master to retax the bill. In the alternative, the High Court to tax the bill together with an a…

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