[2022] KECPT 908 (KLR)
The tribunal found that the Bill of Costs was properly served on the respondent, who failed to oppose or respond. The tribunal reviewed the items claimed, found them reasonable and supported by receipts where necessary, and taxed the bill as prayed. The absence of opposition and the sufficiency of supporting...
Source-derived case information.
- Citation
- [2022] KECPT 908 (KLR)
- Parties
- Applicant: Biashara Sacco Society Limited; Respondent: Veronica Wairimu Mwangi
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 439 of 2019
- Procedural Posture
- Bill of Costs / Ruling on Taxation of Costs
- Outcome
- Bill of Costs taxed as prayed and granted in full.
- Judges
- BM Kimemia, J. Mwatsama, M. Mbeneka
- Legal Topics
- Taxation of Costs, Bill of Costs, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Biashara Sacco Society Limited
Applicant
Veronica Wairimu Mwangi
Respondent
Procedural Posture
Bill of Costs / Ruling on Taxation of Costs
Legal Issues
- 1 Whether the Bill of Costs dated October 15, 2020 should be taxed as prayed by the applicant.
Ratio Decidendi
The tribunal found that the Bill of Costs was properly served on the respondent, who failed to oppose or respond. The tribunal reviewed the items claimed, found them reasonable and supported by receipts where necessary, and taxed the bill as prayed. The absence of opposition and the sufficiency of supporting documentation justified granting the amounts claimed, resulting in a total award of Kshs. 74,834 to the applicant.
Court Disposition
Bill of Costs taxed as prayed and granted in full.
Orders
- The Bill of Costs dated October 15, 2020 is taxed and allowed at Kshs. 74,834/=
Full Case Text
Judgment text and source record
17 paragraphs
Biashara Sacco Society Limited v Mwangi (Tribunal Case 439 of 2019) [2022] KECPT 908 (KLR) (16 December 2022) (Ruling)
Neutral citation: [2022] KECPT 908 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 439 of 2019
BM Kimemia, Chair, J. Mwatsama, Vice Chair & M. Mbeneka, Member
December 16, 2022
Between
Biashara Sacco Society Limited
Claimant
and
Veronica Wairimu Mwangi
Respondent
Ruling
1. The matter for determination is a Bill of cost dated October 15, 2020. the same was served upon the Respondent and there was no Response to oppose the same. The same is taxed as below:1. Instructions to file suit for Kshs. 436,178/21, the same is taxed at Kshs. 58,800/=2. Item 2 and 4- attendance for Kshs. 500/= each is granted total Kshs. 1000/=.3. Service to Respondent at Ruiru Resorts from Nyeri - granted at Kshs. 5200/=.4. Disbursements - filing suit taxed at Kshs. 9684/= as per receipt.5. Request for judgment filing taxed at Kshs. 150/=.
2We find therefore that the Bill of cost is taxed as prayed. The same is granted for Kshs. 74,834/=.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 16TH DAY OF DECEMBER, 2022. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 16. 12. 2022HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 16. 12. 2022M. Mbeneka Member Signed 16. 12. 2022Tribunal Clerk J. MutaiMaina advocate for the Claimant.No appearance for Respondent.Hon. J. Mwatsama Deputy chairperson Signed 16. 12. 2022