[2019] KEBPRT 10 (KLR)
The Tribunal determined that since the reference was settled by consent, the applicable costs must be taxed on the lower scale as provided by the Advocate's Remuneration Order. The Tribunal further held that no fees for getting up for trial are payable in such circumstances. Instruction fees were computed based on...
Source-derived case information.
- Citation
- [2019] KEBPRT 10 (KLR)
- Parties
- Applicant: David M. Memreka t/a MEREKA & CO ADVOCATES; Respondent: Ukulima Co-operative Savings & Credit Society
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 89 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Taxation of Costs
- Outcome
- Landlord's bill of costs taxed at KES 135,583; tenant to pay within 60 days or landlord may recover by distress.
- Legal Topics
- Taxation of Costs, Advocates Remuneration Order, Rent Assessment, Business Premises Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David M. Memreka t/a MEREKA & CO ADVOCATES
Applicant
Ukulima Co-operative Savings & Credit Society
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Taxation of Costs
Legal Issues
- 1 Whether the Landlord's bill of costs should be taxed on the lower scale as per the Advocate's Remuneration Order.
- 2 Whether fees for getting up for trial are payable in the circumstances of this case.
- 3 How the instruction fees and other costs should be computed for the reference settled by consent.
Ratio Decidendi
The Tribunal determined that since the reference was settled by consent, the applicable costs must be taxed on the lower scale as provided by the Advocate's Remuneration Order. The Tribunal further held that no fees for getting up for trial are payable in such circumstances. Instruction fees were computed based on the difference between the current and agreed rent, applying the prescribed percentages under the Remuneration Order. The Tribunal taxed the Landlord's bill of costs at KES 135,583, inclusive of instruction fees and court fees, and ordered the tenant to pay within 60 days, failing which the landlord may recover the amount by distress.
Court Disposition
Landlord's bill of costs taxed at KES 135,583; tenant to pay within 60 days or landlord may recover by distress.
Orders
- The Tribunal taxes the Landlord’s bill dated 28th March 2019 at KES 135,583.
- The Tenant shall pay the costs within 60 days from the date of being served with a certified copy of the order.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 89 OF 2018 NAIROBI
DAVID M. MEMREKA T/A
MEREKA & CO ADVOCATES................................TENANT/APPLICANT
VERSUS
UKULIMA CO-OPERATIVE
SAVINGS & CREDIT SOCIETY....................LANDLORD/RESPONDENT
RULING
The subject matter of this ruling is the Landlord’s bill of costs dated 28th March 2019 which was filed in the Tribunal on29th March 2019. The record of the Tribunal shows that the reference before the Tribunal was settled by consent. Under section 6 of Schedule 8 of the Advocate’s Remuneration Orders, the costs payable to the Landlord/Respondents are on the lower scale. There is no fees for getting up for trial which can be paid in the circumstances of this case.
The subject matter of this reference which was for rent assessment can be determined under 5(a) of the Advocate’s Remuneration Order. Current rent payable by the Tenant shs 78,300.
Agreed Rent by Consentshs 130,500/-.
Monthly difference
Shs 52,200
Annual difference rent shs 626,000
Firstshs 250,000 on lower scale shs 22,500
2% of the balance 376,400 ie 7,528.
Total instruction fees is 22,500
+ shs 7528
shs 30,028.
The receipts in respect of the court fees isshs 46,980. 00
It is in the court file.
The total amount taxed from the Landlord’s bill of costs is shs 34,676
Total Payable Shs 135,583.
Order
1. The Tribunal taxes the Landlord’s bill dated 28th March 2019 at shs 135,583.
2. The Tenant shall pay the costs within 60 days from the date of being served with a certified copy of the order in default the Landlord shall recover the same by way of distress.
Ruling dated and delivered this22nd day of November 2019 in the presence of Kithinji holding brief for Mr Mbaabu for the Landlord. Advocate for theTenant absent.
MBICHI MBOROKI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL