1.By the Chamber Summons application dated 16th September 2021, Apollo Muinde & Partners Advocates (the Applicant) prays for orders:
2.The application is supported by an affidavit sworn by Apollo Muinde Advocate and is premised on the grounds:
3.Despite service the National Land Commission (the Respondent) did not make any response to the application.
4.I have carefully perused and considered the Reference herein, the affidavit in support thereof and the annextures thereto. The Applicant Law Firm is aggrieved by the decision of the taxing master delivered on 17th August, 2021 in so far as the same relates to the reasoning and determination pertaining to the taxation of Items 1, 2 and 3 of their Bill of Costs dated 12th April, 2021.
7.In the matter before me, the Learned Taxing Master the Hon. M. N. Lubia did in her decision tax the instruction fee on Item No. 1 at Kshs.56,250/-. Aggrieved by that decision and the taxation of Item Nos 2 and 3 of their Bill of Costs, the Applicant objected to the same and sought the reasons for the said determination.
8.In her Ruling dated 17th August 2021, the Learned Taxing Master gives her reasons for the determination at Paragraph 2 of the Rulingas follows:
9.That position did not appear to me to be entirely supported by the facts. From a perusal of a copy of the Petition filed by the Applicants in Nyeri High Court Petition No. 12 of 2015, it was apparent that the Petitioners were claiming from the Government a parcel of land said to be measuring 108 acres. In their prayers before the Court, the Petitioners had sought the following:
10.That being the case and while indeed some of the figures above may have been exaggerated and while the suit may have been settled elsewhere, it was not easy to agree with the Learned Taxing Master’s conclusion that the value of the subject matter could not be ascertained from the pleadings. Indeed a perusal of the Supporting Affidavit to the Petition further reveals that the Petitioners had annexed a copy of a Valuation Report prepared by M/S Camp Valuers dated 1st December, 2014. That Report places the current open market values of the subject land at Kshs.535,000,000/- as stated in the prayers in the Petition.
11.In the circumstances I am persuaded that there is merit in the Reference dated 16th September, 2021. I allow the same and hereby set aside the taxation of the said Item Nos 1, 2 and 3 of the Applicant’s Bill of Costs dated 12th April, 2021.
12.This matter is hereby referred back for re-taxation of the said items by a Taxing Master other than the Honourable M. N. Lubia, Deputy Registrar.
13.I make no order as to Costs.