[2023] KECPT 1045 (KLR)

[2023] KECPT 1045 (KLR)

The Tribunal found that the Bill of Costs was properly served on the respondent, who failed to file any response or objection. The Tribunal proceeded to tax the Bill of Costs in accordance with Schedule II of the Advocate Remuneration Order 2014, allowing instruction fees, attendances, and disbursements as claimed...

Source-derived case information.

Citation
[2023] KECPT 1045 (KLR)
Parties
Applicant: Daima Sacco Limited; Respondent: Jackbed Gichuki Ngoroi
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 391 of 2012
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
Legal Topics
Costs Taxation, Advocate Remuneration, Bill of Costs Assessment
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration Bill of Costs Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Daima Sacco Limited

Applicant

Jackbed Gichuki Ngoroi

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 23.7.2020 should be taxed and allowed as presented.
  2. 2 Whether the items claimed in the Bill of Costs are reasonable and in accordance with the Advocate Remuneration Order 2014.

Ratio Decidendi

The Tribunal found that the Bill of Costs was properly served on the respondent, who failed to file any response or objection. The Tribunal proceeded to tax the Bill of Costs in accordance with Schedule II of the Advocate Remuneration Order 2014, allowing instruction fees, attendances, and disbursements as claimed where reasonable, and assessing certain drawing items at nil. The total taxed and allowed amount was Kshs. 77,870/=. The absence of opposition and the application of the statutory schedule were determinative.

Court Disposition

Bill of Costs taxed and allowed.

Orders

  • The Bill of Costs dated 23.7.2020 is taxed and allowed at Kshs. 77,870/=