[2021] KEBPRT 74 (KLR)
The Tribunal found that the claim was non-pecuniary in nature and therefore the higher amounts claimed by the respondents under item 1 of the bill of costs were unjustified. The Tribunal applied the relevant provisions of the Advocates Remuneration Order, specifically schedule 8 part 7(b), to cap item 1 at...
Source-derived case information.
- Citation
- [2021] KEBPRT 74 (KLR)
- Parties
- Applicant: Alternative Pulse Limited; Respondent: Fredrick Joshua Wangati; Respondent: Minnie Wanjiru Wangati
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 70 of 2021
- Procedural Posture
- Party Party Bill of Costs / Taxation Ruling
- Outcome
- bill of costs taxed and allowed in part
- Legal Topics
- Taxation of Costs, Advocates Renumeration Order, Party Party Costs, Non Pecuniary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alternative Pulse Limited
Applicant
Fredrick Joshua Wangati
Respondent
Minnie Wanjiru Wangati
Respondent
Procedural Posture
Party Party Bill of Costs / Taxation Ruling
Legal Issues
- 1 Whether the bill of costs presented by the respondents should be taxed based on a pecuniary or non-pecuniary claim.
- 2 Whether the amounts claimed under various items in the bill of costs are reasonable and commensurate with the work done.
- 3 Whether the Advocates Remuneration Order was properly applied in taxing the bill of costs.
Ratio Decidendi
The Tribunal found that the claim was non-pecuniary in nature and therefore the higher amounts claimed by the respondents under item 1 of the bill of costs were unjustified. The Tribunal applied the relevant provisions of the Advocates Remuneration Order, specifically schedule 8 part 7(b), to cap item 1 at Kshs.23,520. Further, the Tribunal taxed off items conceded by the respondents and adjusted attendance fees to the prescribed rates, resulting in a total taxed off amount of Kshs.161,180. The final amount payable on the bill of costs was set at Kshs.30,795, all inclusive.
Court Disposition
bill of costs taxed and allowed in part
Orders
- The bill of costs is taxed at Kshs.30,795 all inclusive.
- Kshs.161,180 is taxed off from the bill of costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 70 OF 2021 (NAIROBI)
ALTERNATIVE PULSE LIMITED.......................................APPLICANT/TENANT
VERSUS
FREDRICK JOSHUA WANGATI...........................1ST RESPONDENT/LANDLORD
MINNIE WANJIRU WANGATI…........................ 2ND RESPONDENT/LANDLORD
RULING
1. Before me is a party/party bill of costs dated 31/8/2021 by the Landlord/Respondents in which they seek to recover Kshs.191,975/- as costs.
2. The said bill is opposed through submissions of the Applicant dated 15th October 2021 wherein it is submitted that the same should not be aimed at unjust enrichment, oppression or prejudice to it.
3. It is further submitted that costs should be commensurate with work done, must be reasonable and should not be allowed to rise to such level as to confine access to court to the wealthy.
4. Relying on schedule 8 part 7 (b) of the Advocates Renumeration order, the Applicant argues that item 1 should be between Kshs.2940/- and 23,520/- as the claim was non- pecuniary in nature.
5. On the other hand, the Respondents urge the Tribunal to consider the value of subject matter which is contended to be the amount in arrears in the sum of Kshs.4,250,000/- or the annual rent of Kshs.3,000,000/- in terms of paragraph 5(b) of schedule 8 of the Advocates Renumeration order, 2014.
6. I have perused the pleadings filed herein and I agree with counsel for the Applicant that the claim was non-pecuniary in nature and there is no basis for charging the sum of Kshs.175,000/- in item 1. I shall therefore allow a sum of Kshs.23,520/- and tax off Kshs.151,480/- from that item.
7. The Respondents counsel concedes to taxing off items 2,3,5 and 8 and as such I shall tax off the same as prayed by the Applicant.
8. On attendances, the amount provided under schedule 8 part 8(a) of the Advocates Renumeration Order is Kshs.1400/- “on any necessary attendance on the Tribunal other than at the hearing”. No hearing took place in this matter and all the items on attendance should be based on the said figure. I therefore tax off Kshs.2600/- from items 4 and 7 and Kshs.700/- from item 12.
9. In regard to item 9, the Respondents claim Kshs.450/- which is reasonable and I shall award the same without the necessity of production of receipts.
10. Items 13, 14, 15 and 16 are not opposed and are therefore awarded to the Respondents.
11. In sum therefore, the amount taxed off is Kshs.161,180/- to leave the amount payable at Kshs.30,795/-.
12. The bill of costs is therefore taxed at Kshs.30,795/- all inclusive.
It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 15TH DAY OF DECEMBER 2021.
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
In the presence of:
Macharia for the Respondent/Applicant
Miss Rotich for Miss Koech for Tenant/Respondent