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Court of AppealDismissedNot stated in judgment

Mwangi v Gilanis Supermarket Limited (Civil Appeal (Application) 80 of 2021) [2025] KECA 551 (KLR)

Court of Appeal of Kenya
27 March 2025
GOG. V. Odunga
134 words in judgment
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The bottom line

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Kenya's Court of Appeal dismissed an objection to a taxed costs bill, meaning the Deputy Registrar's original taxation ruling remains fully intact and binding.

What this practically means

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Executive summary

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This brief ruling of the Court of Appeal, Nakuru, delivered by G. V. Odunga, JA, on 27th March 2025, determines an objection to taxation. The background, as recited, is that on 14th March 2024 the Deputy Registrar of the Court, Hon. Lina Akoth, delivered a ruling on taxation. By letter dated 30th March 2024, the respondent applied for the matter to be referred to a single Judge of the Court for the purposes of revisiting that decision and its propriety. Directions were given by the Deputy Registrar on 31st July 2024. The judgment records that the court had not had sight of any submissions filed by the parties. Without setting out any substantive reasons, the court dismissed the objection to taxation with no order as to costs, and certified the order accordingly. The effect is that the Deputy Registrar's taxation ruling of 14th March 2024 stands undisturbed. The judgment cites no authorities and no statutory provisions, and does not articulate the legal basis for the outcome or the standard governing a reference to a single Judge to revisit a taxation ruling. Its brevity means it offers little in the way of binding propositions beyond the bare dismissal of the objection. No orders beyond the dismissal and the costs order were made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the objection to taxation should be allowed

Key legal issues

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01

Objection to taxation

Holding

The objection to taxation was dismissed

Reasoning

The judgment records that the respondent sought a reference to a single Judge to revisit the Deputy Registrar's taxation ruling of 14th March 2024. The judgment states that no submissions were on file, and the court dismissed the objection with no order as to costs, without articulating reasons.

p. 1

Legal principles established

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  • An objection to taxation that fails is dismissed, in this instance with no order as to costs

Court orders

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  1. 1.The objection to taxation is dismissed with no order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

GO
majority

Wrote the judgment

On appeal from
Court of Appeal of Kenya (Deputy Registrar)
Not stated in judgment
Jurisdiction invoked
Reference to a single Judge of the Court of Appeal to revisit the Deputy Registrar's ruling on taxation (statutory basis not expressly cited in the judgment)

Relief refused

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Objection to taxation

Dismissed; the judgment gives no reasons beyond the bare order

p. 1

Costs

No order as to costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Accordingly, the objection to taxation is hereby dismissed with no order as to costs.
p. 1Disposition - dismissal of objection to taxation
DATED AND DELIVERED AT NAKURU THIS 27TH DAY OF MARCH 2025.
p. 1Final orders and delivery

Issues in the judgment

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material

The judgment does not identify the parties or the case number, and records that submissions were not on file

material

The judgment does not set out the reasons for dismissing the objection to taxation

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mwangi v Gilanis Supermarket Limited (Civil Appeal (Application) 80 of 2021) [2025] KECA 551 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/551/eng@2025-03-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.