[2019] KECPT 62 (KLR)
The Tribunal found that the respondent, having successfully defended the suit which was dismissed, is entitled to costs. The Tribunal considered the nature of the prayers sought and the complexity of the issues, determining that the claim was not ascertainable and that Kshs. 50,000 was reasonable for item 1. The...
Source-derived case information.
- Citation
- [2019] KECPT 62 (KLR)
- Parties
- Applicant: Chairperson Kikuyu Dairy Farmers Co-operative Society Limited; Applicant: Vice Chairperson Kikuyu Dairy Farmers Co-operative Society Limited; Applicant: Kikuyu Dairy Farmers Co-operative Society Limited; Applicant: Kikuyu Sub County Co-operative Officer; Respondent: David Kiangonyo Kung’u
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 519 of 2016
- Procedural Posture
- Bill of Costs / Taxation of Costs After Dismissal of Suit
- Outcome
- bill of costs taxed in favour of respondent
- Legal Topics
- Costs Taxation, Bill of Costs, Dismissal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chairperson Kikuyu Dairy Farmers Co-operative Society Limited
Applicant
Vice Chairperson Kikuyu Dairy Farmers Co-operative Society Limited
Applicant
Kikuyu Dairy Farmers Co-operative Society Limited
Applicant
Kikuyu Sub County Co-operative Officer
Applicant
David Kiangonyo Kung’u
Respondent
Procedural Posture
Bill of Costs / Taxation of Costs After Dismissal of Suit
Legal Issues
- 1 Whether the respondent is entitled to costs following the dismissal of the suit.
- 2 What is the reasonable amount to be awarded under item 1 of the bill of costs.
- 3 Whether previously ordered costs and adjournment fees should be deducted from the total amount taxed.
Ratio Decidendi
The Tribunal found that the respondent, having successfully defended the suit which was dismissed, is entitled to costs. The Tribunal considered the nature of the prayers sought and the complexity of the issues, determining that the claim was not ascertainable and that Kshs. 50,000 was reasonable for item 1. The Tribunal further deducted previously ordered costs and adjournment fees from the total, resulting in a taxed amount of Kshs. 53,600. The decision was based on the principle that costs follow the event and must be reasonable, taking into account the complexity and nature of the matter.
Court Disposition
bill of costs taxed in favour of respondent
Orders
- The respondent is awarded costs taxed at Kshs. 53,600.
- Previously ordered costs of Kshs. 3,100 and Tribunal Adjournment Fees are deducted from the total taxed amount.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 519 OF 2016
CHAIRPERSON KIKUYU DAIRY FARMERS
CO-OPERATIVE SOCIETY LIMITED............................1ST CLAIMANT/APPLICANT
VICE CHAIR PERSON KIKUYU DAIRY FARMERS
CO-OPERATIVE SOCIETY LIMITED.............................2ND CLAIMANT/APPLICANT
KIKUYU DAIRY FARMERS
CO-OPERATIVE SOCIETY LIMITED.............................3RD CLAIMANT/APPLICANT
KIKUYU SUB COUNTY CO-OPERATIVE OFFICER.....4TH CLAIMANT/APPLICANT
VERSUS
DAVID KIANGONYO KUNG’U........................................................................RESPONDENT
RULING
The matter for determination is the bill of cost dated 4. 2.19 by the Respondent. The same is opposed vide the Reply of the claimant filed on 12. 7.2019.
We have carefully considered both and the submissions therein. For item one, we note the prayers sought for in the statement of the claim and that the suit was dismissed.
The Respondent successfully defended the matter, and owing to the nature of the prayers sought, we find that the matter involved complex issues and the claim is not ascertainable. I find that an amount of Kshs. 50,000/= is reasonable for item 1.
The Respondent was ordered to pay costs of Kshs.3100/= on 20. 7.17 and Tribunal Adjournment Fees (TAF) and the same are reduced from the taxed amount.
Total amount taxed in regard to the Bill of Costs is Kshs. 53,600/=.
Read and delivered in open court, this 7th of November 2019
In the presence of:
Applicant /Respondent:None-appearance
Respondent/Claimant:David Kung’u
Court Assistant :Leweri and Buluma
B.Kimemia - Chairman-Signed
R.Mwambura - Member-signed
P.Swanya - Member-signed