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JOHN KIMANI NJONGE,KIMANI WAWERU & MUIKAMBA KINYANJUI V. BORO KINYUA,GEORGE GITHAE NDING'URI,ALLAN MUTHAMA,NDING'URI MIGWI,KARANJA NJOROGE,ABRAHAM WANGECI & WACHIRA NDING'URI

(2000) JELR 104304 (CA)

Court of Appeal  •  civil misc appl 235 of 96  •  8 Feb 2000  •  Kenya

Coram
T. S. LUVUGA JA

Judgement
<p class="ql-align-center">RULING ON TAXATION</p><p>The taxation before me arises out of an application which was withdrawn in Court on 2.5.1997. The application was for stay of execution. Mr Mwangi, counsel for the respondents, submitted that the matter involved great public importance.</p><p>It also involved taking instructions from the respondents and other members of the public and the same was heard for two days being withdrawn on the last day of hearing.</p><p>I have perused the record and read the notes of the proceedings in court. On 24.10.96 when the application first came for hearing, the same was adjourned and stood over generally and on 2.5.97 the application was withdrawn. It is clear therefore, that at no time the application was heard on merits though I take note that it was withdrawn in court.</p><p>Taking all the facts in this application into consideration, I am satisfied that the amount of KShs.420,000/= claimed on item one of the bill is far much excessive and cannot be said to be reasonable. I consider a sum of KShs.2…</p>

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