[2024] KECPT 1400 (KLR)

[2024] KECPT 1400 (KLR)

The tribunal found that since the claimant withdrew the matter with costs and did not file any response to the respondent's bill of costs, the bill was to be taxed as per the Advocate Remuneration Order, Schedule II. The tribunal scrutinized the items in the bill, taxing item 1 at Kshs. 35,280, item 4 at Kshs....

Source-derived case information.

Citation
[2024] KECPT 1400 (KLR)
Parties
Claimant: Lawrence Wachira Githinji; Respondent: Bingwa Savings & Credit Society Ltd & others
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 44 (E075) of 2023
Procedural Posture
Bill of Costs / Taxation After Withdrawal
Outcome
Bill of costs taxed and allowed in the sum of Kshs. 36,680 in favour of the respondent.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Withdrawal of Suit, Advocate Remuneration Order
Source Language
en
Civil Procedure Costs Taxation Withdrawal of Suit Advocate Remuneration Order

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Parties

Lawrence Wachira Githinji

Claimant

Bingwa Savings & Credit Society Ltd & others

Respondent

Procedural Posture

Bill of Costs / Taxation After Withdrawal

Legal Issues

  1. 1 Whether the respondent's bill of costs should be taxed as presented after the claimant withdrew the matter with costs.
  2. 2 Whether the absence of a response from the claimant affects the taxation of the bill of costs.

Ratio Decidendi

The tribunal found that since the claimant withdrew the matter with costs and did not file any response to the respondent's bill of costs, the bill was to be taxed as per the Advocate Remuneration Order, Schedule II. The tribunal scrutinized the items in the bill, taxing item 1 at Kshs. 35,280, item 4 at Kshs. 1,400, and items 2, 3, and 5 at nil, resulting in a total taxed amount of Kshs. 36,680. The absence of opposition from the claimant justified proceeding with taxation as presented, subject to the tribunal's discretion and the applicable legal framework.

Court Disposition

Bill of costs taxed and allowed in the sum of Kshs. 36,680 in favour of the respondent.

Orders

  • The respondent's bill of costs dated 28.8.2023 is taxed and allowed at Kshs. 36,680.
  • No further orders as to costs.