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Kangethe & Co. Advocates v. Kenya Pipeline Company Ltd

(2011) JELR 100261 (CA)

Court of Appeal  •  Civil Appeal 211 of 2006  •  29 Jul 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu



This is an appeal from the ruling of the High Court (Ransley, J.) given in respect of a bill of costs taxed by a taxing officer in the High Court in the sum of Kshs.24,927,407. Following a reference to him, Ransley, J., took the liberty of reducing the instruction fees awarded by the taxing officer from Kshs.13,772,937,23 to Kshs.1,000,000 thereby provoking this appeal.

At the outset we consider it important to observe that the subject matter which gave rise to the taxation in the High Court was a construction contract dated 19th October, 2000 which had an arbitration clause. By virtue of the agreement the defendant Messrs Kenya Pipeline Company Ltd had commissioned the plaintiff Messrs Donwoods Company Ltd to construct “KPC” Headquarters along Lunga Lunga Road, Industrial Area Nairobi at a contract sum of Kshs.573,022,382 which sum was on 30th November, 2001 varied to Kshs.914,529,148.45 by a deed of variation. By letters dated 6th and 17th March 2003 the KPC suspen…

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