[2021] KECPT 521 (KLR)
The Tribunal found that it had jurisdiction to assess and tax the claimant's Bill of Cost under Section 27 of the Civil Procedure Act. Since the parties failed to agree on costs and the respondent did not contest the Bill of Cost, the Tribunal proceeded to assess each item in accordance with the Advocates...
Source-derived case information.
- Citation
- [2021] KECPT 521 (KLR)
- Parties
- Applicant: John Gathuka Thecheri; Respondent: Angaza Africa Sacco Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause 681 of 2019
- Procedural Posture
- Bill of Costs Application / Ruling on Taxation of Costs
- Outcome
- claim allowed in part
- Legal Topics
- Costs Taxation, Advocates Remuneration Order, Assessment of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Gathuka Thecheri
Applicant
Angaza Africa Sacco Society Ltd
Respondent
Procedural Posture
Bill of Costs Application / Ruling on Taxation of Costs
Legal Issues
- 1 Should the Tribunal assess and tax off the claimant's Bill of Cost?.
- 2 What is the amount to be assessed and taxed off from the said Bill of Cost?.
Ratio Decidendi
The Tribunal found that it had jurisdiction to assess and tax the claimant's Bill of Cost under Section 27 of the Civil Procedure Act. Since the parties failed to agree on costs and the respondent did not contest the Bill of Cost, the Tribunal proceeded to assess each item in accordance with the Advocates Remuneration Order. Items supported by evidence were allowed, while unsupported items were declined. The total amount assessed and taxed off was Kshs. 9,685, with interest calculated from 31st October 2019 to May 2021, resulting in a total of Kshs. 11,525. The Tribunal thus awarded the claimant the assessed costs plus interest.
Court Disposition
claim allowed in part
Orders
- The claimant's Bill of Cost is assessed and taxed at Kshs. 9,685 plus interest from 31st October 2019 to May 2021, totaling Kshs. 11,525.
- Unsupported items in the Bill of Cost are declined.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE COOPERATIVE TRIBUNAL AT NAIROBI
CTC CAUSE NO. 681 OF 2019
JOHN GATHUKA THECHERI............................................................CLAIMANT
VERSUS
ANGAZA AFRICA SACCOO SOCIETY LTD..............................RESPONDENT
RULING
The matter for determination is Claimant`s Bill of Cost dated 10th March, 2021 and filed on 19th April 2021 together with a Mention Notice and Affidavit of Service. The Respondent neither responded to the said Bill of Cost nor appeared in court on 22nd April 2021.
The claim was for Kshs.33,300/= from the Statement of Claim dated 30th October 2019 and filed on 31st October 2019. The Respondent replied to the said claim vide their Statement of Defence dated 11th November 2019 and filed on 12th November 2019 admitting to Kshs.21,436 as owing to the Claimant and Kshs.10,000/- being Claimant`s shares. This judgment was entered against the Respondent and parties were directed to agree on costs. They failed to do so and on 28th October, 2020. The Claimant was directed to file and serve his Bill of Cost which is the subject of this Ruling, to this end, the issues for determination are just two; -
i. Should this Tribunal assess and tax off claimant`s Bill of Cost? and if so
ii. What is the amount assessed and taxed off from the said bill of Cost.
Should this Tribunal assess and tax off claimant`s Bill of Cost
Parties were urged to agree on costs but they did not. The Respondent did not file a response to the Bill of costs. The Tribunal has powers under Section 27of the Civil Procedure Act to award and assess costs hence jurisdiction to assess and tax off Claimant`s Bill of Cost.
What is the amount assessed and taxed off from the said Bill of Cost
Bill of Costs are guided by the Advocates Remuneration Order and particularly in this case Schedule 11 of the 2014 Advocates Remuneration Order pursuant to Legal Notice No. 35. It is this schedule that shall guide our assessment.
Item 1 ; assessed and taxed at Ksh165/-
Item 2; assessed, at Kshs.5000/= as prayed.
Item 3; assessed and taxed at Ksh1,520/= supported by receipt dated 31/10/2019.
Item 4; assessed and taxed off at Ksh3,000/- since the Respondent entered Appearance and filed their defence in response to the summons dated 31st October 2016.
Item 5 and 6 are declined for reasons that the same are not supported by any evidence.
Bill of costs assessed at Kshs. 9,685/= plus interest from 31. 10. 2019 to May 2021.
(19months /12*12/100*9685 +9685=11,525/=.)
Bill of cost total amount Kshs.11,525/=.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF MAY, 2021.
Hon. B. Kimemia Chairperson Signed 27. 5.2021
Hon. J. Mwatsama Deputy Chairperson Signed 27. 5.2021
Mr. P. Gichuki Member Signed 27. 5.2021
Tribunal Clerk Leweri
Claimant present in person
No appearance for Respondent
Hon. B. Kimemia Chairperson Signed 27. 5.2021