[2024] KECPT 241 (KLR)

[2024] KECPT 241 (KLR)

The tribunal found that the 2nd Respondent's Bill of Costs was unopposed and that the charges for instruction fees, attendances, and refunds were properly supported and in accordance with the Advocate's Remuneration Order. The tribunal exercised its discretion to tax the Bill as presented, finding no reason to...

Source-derived case information.

Citation
[2024] KECPT 241 (KLR)
Parties
Applicant: James Mwangi Githinji; Applicant: James Mwangi Mbatia; Applicant: Gibson Mwangi Macharia; Applicant: Peter Macharia Gichungu; Respondent: Peter Kamau Mwangi; Respondent: Chai Savings & Credit Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 509 of 2013
Procedural Posture
Party and Party Bill of Costs / Taxation Ruling
Outcome
2nd Respondent's Party and Party Bill of Costs dated 22nd November, 2022 allowed and taxed at Kshs. 82,830 all inclusive.
Judges
BM Kimemia, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Party and Party Costs, Advocate Remuneration Order
Source Language
en
Civil Procedure Costs Taxation Party and Party Costs Advocate Remuneration Order

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Parties

James Mwangi Githinji

Applicant

James Mwangi Mbatia

Applicant

Gibson Mwangi Macharia

Applicant

Peter Macharia Gichungu

Applicant

Peter Kamau Mwangi

Respondent

Chai Savings & Credit Society Limited

Respondent

Procedural Posture

Party and Party Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the 2nd Respondent's Party and Party Bill of Costs dated 22nd November, 2022 should be allowed and taxed as presented.

Ratio Decidendi

The tribunal found that the 2nd Respondent's Bill of Costs was unopposed and that the charges for instruction fees, attendances, and refunds were properly supported and in accordance with the Advocate's Remuneration Order. The tribunal exercised its discretion to tax the Bill as presented, finding no reason to reduce or disallow any of the claimed items. The Bill was therefore allowed in full at Kshs. 82,830, inclusive of all heads of costs claimed.

Court Disposition

2nd Respondent's Party and Party Bill of Costs dated 22nd November, 2022 allowed and taxed at Kshs. 82,830 all inclusive.

Orders

  • The 2nd Respondent's Bill of Costs dated 22nd November, 2022 is allowed and taxed at Kshs. 82,830 all inclusive.