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SAMAKI INDUSTRIES (NAIROBI) LIMITED V. SAMAKI INDUSTRIES (KENYA) LIMITED

(1997) JELR 93444 (CA)

Court of Appeal  •  Civil Appeal 203 of 1995  •  31 Jan 1997  •  Kenya

Coram
Amrittal Bhagwanji Shah

Judgement

RULING ON REFERENCE

The successful respondent in this appeal had its bill of costs taxed by the taxing officer of this court, Aggrey Muchelule Esquire. The appellant is dissatisfied with the quantum of fees awarded and has referred the bill to a single judge of this court under Rule 109(2) of the rules of this Court. Mr. Nanji appears for the referring appellant and Mr. Hamza Jiwaji appears for the successful respondent. Mr. Nanji objects to the quantum of costs awarded in respect of items numbered 2 and 3 in the bill of costs.

Item 2 aforesaid in is respect of fee (party and party) for "Instructions to Defend Appeal from (sic) Civil Appeal No. 203/1995" and item 3 aforesaid is in respect of party and party costs (fees) for "Instructions to oppose counter-claim".

Mr. Nanji's objection to item 2 is on quantum of fees awarded. Mr. Jiwaji had claimed a sum of Shs.457,000/-. The learned taxing officer awarded a sum of shs. 250,000/-.

Mr. Nanji's objection to item No. 3 is as to its propriety …

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