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Modern Holdings (EA) Limited v Kenya Ports Authority (Reference No.1 of 2009) [2010] EACJ 9 (15 January 2010) (First Instance Division)
The East African Court of Justice refused to set aside a taxing officer’s award of instruction fees, holding there was no misdirection or wrong principle.
Modern Holdings (EA) Limited v Kenya Ports Authority (Reference No. 1 of 2009) [2010] EACJ 6 (15 January 2010) (First Instance Division)
The Court found that the Reference was not complex and did not proceed to a full hearing, ending at the preliminary objection stage for want of jurisdiction. The Taxing Officer's decision to award 1/8 of the amount claimed as instruction fee was reasonable and consistent with established legal principles. There was no evidence of misdirection or injudicious exercise of discretion. The Court held that it should not interfere with the Taxing Officer's discretion unless it was exercised on wrong principles or considerations, which was not the case here. The application to set aside the Taxing Of…
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