[2020] KECPT 98 (KLR)
The Tribunal, after considering the items drawn in the Bill of Costs and the applicable provisions of the Advocates Remuneration (Amendment) Orders 2014, determined that the instruction fees should be taxed at Kshs.35,280, items 2-13 as drawn, and items 14-16 at Kshs.900 each. The total taxed amount is Kshs.54,020....
Source-derived case information.
- Citation
- [2020] KECPT 98 (KLR)
- Parties
- Applicant: Elimu Sacco Society Limited; Respondent: Denis Okoit Ojamoong
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 539 of 2016
- Procedural Posture
- Taxation Application / Ruling on Party and Party Bill of Costs
- Outcome
- Claimant's Party and Party Bill of Costs taxed at Kshs.54,020.
- Legal Topics
- Costs Taxation, Party and Party Costs, Advocates Remuneration, Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Elimu Sacco Society Limited
Applicant
Denis Okoit Ojamoong
Respondent
Procedural Posture
Taxation Application / Ruling on Party and Party Bill of Costs
Legal Issues
- 1 Whether the Claimant's Party and Party Bill of Costs is properly drawn and should be taxed as presented.
- 2 What is the appropriate amount to be awarded under the Advocates Remuneration (Amendment) Orders 2014.
Ratio Decidendi
The Tribunal, after considering the items drawn in the Bill of Costs and the applicable provisions of the Advocates Remuneration (Amendment) Orders 2014, determined that the instruction fees should be taxed at Kshs.35,280, items 2-13 as drawn, and items 14-16 at Kshs.900 each. The total taxed amount is Kshs.54,020. The Tribunal found the Bill of Costs to be generally in order but made adjustments in accordance with the law and the schedule. The absence of opposition from the Respondent and the clear statutory guidance led to the taxation as assessed.
Court Disposition
Claimant's Party and Party Bill of Costs taxed at Kshs.54,020.
Orders
- The Claimant's Party and Party Bill of Costs dated 15.1.2020 is taxed at Kshs.54,020.
- Final orders to be delivered by email as per covid-19 guidelines.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 539 OF 2016
ELIMU SACCO SOCIETY LIMITED...................................CLAIMANT
VERSUS
DENIS OKOIT OJAMOONG..............................................RESPONDENT
RULING
What is before us for taxation is the Claimant’s Party and Party Bill of costs dated 15. 1.2020. I t is for Kshs.58,240/=.
We have considered the items drawn vis- a- vis the provisions of schedule II part A- paragraph 8 (a) of the Advocates Remuneration (Amendment) orders 2014. We assess the Claimant’s Bill as follows:-
1. Item 1 - instruction fees – taxed at Kshs.35,280/=
2. Items 2-13 taxed as drawn.
3. Items 14-16 taxed at Kshs.900 each.
TOTAL Kshs.54,020/=
We therefore tax the Bill at Kshs.54,020/=.
Read and delivered in accordance with the guidelines issued by the Hon. Chief Justice on 15. 3.2020, this 9thday of April 2020.
Prepared by Hon. B.Kimemia Chairman, Hon. F. Terer Deputy Chairman, P. Gichuki Member.
With consent of the parties, the final orders to be delivered by email, as accordance to the prevailing measures during the covid-19.
Hon. B. Kimemia Chairman Signed 9. 4.2020
Hon. F. Terer Deputy Chairman Signed 9. 4.2020
P. Gichuki Member Signed 9. 4.2020