[2023] KECPT 854 (KLR)

[2023] KECPT 854 (KLR)

The Tribunal found that the Bill of Costs dated 26/11/2021 was served on the respondent, who failed to respond or appear. The Tribunal proceeded to tax the bill in accordance with Schedule II of the Advocates Remuneration Order. Instruction fees were taxed at Kshs. 104,000, items 2 to 7 were allowed as drawn, and...

Source-derived case information.

Citation
[2023] KECPT 854 (KLR)
Parties
Applicant: Biashara Sacco Society Limited; Respondent: Silas Munene Mbogua
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 289 of 2020
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed as specified.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocates Remuneration Order, Bill of Costs, Default Judgment
Source Language
en
Civil Procedure Costs Taxation Advocates Remuneration Order Bill of Costs Default Judgment

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Parties

Biashara Sacco Society Limited

Applicant

Silas Munene Mbogua

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 26/11/2021 should be taxed as drawn in the absence of a response from the respondent.
  2. 2 Whether the items in the Bill of Costs are properly drawn and allowable under the Advocates Remuneration Order.

Ratio Decidendi

The Tribunal found that the Bill of Costs dated 26/11/2021 was served on the respondent, who failed to respond or appear. The Tribunal proceeded to tax the bill in accordance with Schedule II of the Advocates Remuneration Order. Instruction fees were taxed at Kshs. 104,000, items 2 to 7 were allowed as drawn, and item 8 was taxed off as NIL. The total amount allowed was Kshs. 137,915. The absence of opposition and the correctness of the bill as drawn justified the orders made.

Court Disposition

Bill of Costs taxed and allowed as specified.

Orders

  • Instruction fees taxed at Kshs. 104,000.
  • Items 2, 3, 4, 5, 6, and 7 taxed as drawn.