The Applicant made an application under rule 5(1) and (2) of
the Advocates Remuneration and Taxation of Costs Rules G.N. No. 515 of 1991 and
section 95 of the Civil Procedure Code [Cap 33 [R.E. 2002] seeking to vary,
alter and change the Ruling of the Taxing Master. The Applicant prays that the
Fees Awarded to the Advocate be increased so as to conform to the fees
prescribed by the Rules. In opposing the application, it was stated that the
subject matter of the Bill of Costs was not of liquidated sum, it was for a
declaration for infringement of copyright, and that the Plaintiff claimed for
specific damages, loss of goodwill and general damages. The issue before the
court was whether the damages claimed by the Plaintiff was liquidated or
unliquidated damages, and whether the Taxing Master was correct in his decision
to tax the Bill of Cost.