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KEZIAH NJAMBI MAINGI V. BARCLAYS BANK OF KENYA LIMITED

(2016) JELR 99869 (CA)

Court of Appeal  •  Civil Appeal 307 of 2013  •  7 Oct 2016  •  Kenya

Coram
Roselyn Naliaka Nambuye

Judgement

RULING

The background information to the ruling is that the appellant Keziah Njambi Maingi t/a Arrivals Textiles shop filed an appeal No. 307/2013 against the Respondent Barclays Bank of Kenya Ltd arising from the ruling and orders of Kamau, J dated the 9th September, 2013 in H.C.C.C. No. 773 of 2012. The appeal was heard on its own merit and allowed on the 14th day of November, 2014. Following that success, the appellant lodged a bill of costs in the central registry of the court on the 14th day of January 2015. The bill was taxed inter partes resulting in the ruling of the taxing officer A. Nyoike Deputy Registrar dated the 19th day of July 2016 in which she allowed Kshs.647,052.00.

It is evident from the content of the ruling that in arriving at the said figure the taxing officer took into consideration the fact that in the exercise of her mandate as a taxing officer she was in essence exercising a judicial discretion by virtue of which she was obligated to bear in mind the provision…

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