ROGAN-KAMPER V. LORD GROSVENOR (NO 3)

JUDGMENT

I have before me a reference by the respondent in an appeal asking me to reduce two items in the appellant’s bill of costs on the ground that the sums allowed are manifestly excessive. These items are: (a) the instructions fee claimed by the advocate on record in the sum of Shs 15,000; and (b) a disbursement of Shs 15,000 being the brief fee paid to leading counsel.

The taxing officer reduced these amounts by Shs 3000 and Shs 1000 respectively, allowing Shs 12 000 for the instructions fee and Shs 14,000 for senior counsel’s brief fee.

By rule 109(2) of the Rules of this Court:

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 reasonable. Save as in this sub-rule provided, there shall be no reference on a question of quantum only.

As I understand this rule, a judge wi…