[2019] KECPT 60 (KLR)
The tribunal found that the bill of costs dated 16.7.19 was duly served on the respondents, as evidenced by the affidavit of service dated 20.9.19. No opposition or objection was filed by the respondents. In the absence of any challenge or appearance by the respondents, and upon review of the bill, the tribunal...
Source-derived case information.
- Citation
- [2019] KECPT 60 (KLR)
- Parties
- Applicant: Florence Kamene Ngalai; Respondent: Kitui Teachers SACCO Society Limited; Respondent: Muema Munyoki; Respondent: Phyles Mathenge; Respondent: Tony Kilonzo
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 61 of 2017
- Procedural Posture
- Bill of Costs / Ruling on Assessment of Costs
- Outcome
- bill of costs assessed and allowed as drawn
- Legal Topics
- Costs Assessment, Unopposed Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Kamene Ngalai
Applicant
Kitui Teachers SACCO Society Limited
Respondent
Muema Munyoki
Respondent
Phyles Mathenge
Respondent
Tony Kilonzo
Respondent
Procedural Posture
Bill of Costs / Ruling on Assessment of Costs
Legal Issues
- 1 Whether the bill of costs dated 16.7.19 should be allowed as drawn in the absence of opposition by the respondents.
Ratio Decidendi
The tribunal found that the bill of costs dated 16.7.19 was duly served on the respondents, as evidenced by the affidavit of service dated 20.9.19. No opposition or objection was filed by the respondents. In the absence of any challenge or appearance by the respondents, and upon review of the bill, the tribunal assessed the costs at Kshs.101,030.20. The tribunal exercised its discretion to allow the bill as drawn, there being no reason to disallow or vary the claimed amount.
Court Disposition
bill of costs assessed and allowed as drawn
Orders
- The claimant's bill of costs dated 16.7.19 is assessed and allowed at Kshs.101,030.20.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 61 OF 2017
FLORENCE KAMENE NGALAI.......................................................CLAIMANT
VERSUS
KITUI TEACHERS SACCO SOCIETY LIMITED
MUEMA MUNYOKI
PHYLES MATHENGE
TONY KILONZO.........................................................................RESPONDENTS
RULING
Bill of costs dated 16. 7.19 assessed at Kshs.101,030. 20/=. The same was not opposed despite service as per Affidavit of Service dated 20. 9.19.
Read and delivered in open court, this 7th of November,2019.
Claimant: Mbuthia for the claimant.
Respondent: Non-appearance.
Court Assistant: Leweri and Buluma.
B.Kimemia - Chairman-signed.
R.Mwambura - Member-signed.
P.Swanya - Member-signed.