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Rogan-Kamper v. Grosvenor

(1978) JELR 94592 (CA)

Court of Appeal  •  Civil Appeal 33 of 1976  •  1 Mar 1978  •  Kenya

Coram
Chunilal Bhagwandas Madan, Sir James Wicks, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WICKS CJ, MADAN and WAMBUZI JJ A)

CIVIL APPEAL NO 33 OF 1976

ROGAN-KAMPER...........................APPELLANT

VERSUS

GROSVENOR..........................RESPONDENT

RULING

(Appeal from a Judgment of the High Court at Nairobi, Chanan Singh J, dated 31st July 1975, in Civil Case No 786 of 1971)

March 1, 1978 the following Rulings were delivered.

Madan JA: Costs, this reference to the full court under rule 109(5) of the Court of Appeal for East Africa Rules, 1972, is all about costs. It arises from the decision of a single judge, Law JA, given on a reference to him under rule 109(2), from the decision of the Registrar in his capacity as the taxing officer. Rule 109(2) and (5) provide:-

“(2) Any person who contends that a bill of costs as taxed is, in all the circumstances, manifestly excessive or manifestly inadequate, may require the bill to be referred to a Judge and the Judge shall have power to make such deduction or addition as will render the bill reaso…

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