[2024] KECPT 1371 (KLR)
The Tribunal found that although the Respondent filed a Bill of Costs following the settlement of the substantive claim, there was no prior order or decision on the issue of costs. The filing of the Bill of Costs was therefore premature. In the interest of justice and pursuant to the Cooperative (Practice and...
Source-derived case information.
- Citation
- [2024] KECPT 1371 (KLR)
- Parties
- Applicant: Bosco Ireri Joseph; Respondent: County Savings and Credit Society Limited; Respondent: Restorers Consult Auctioneers
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 190/E001 of 2022
- Procedural Posture
- Tribunal Application / Ruling on Bill of Costs and Directions for Submissions
- Outcome
- Directions issued for parties to file written submissions on costs; no final determination on costs at this stage.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Award, Settlement of Claims, Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bosco Ireri Joseph
Applicant
County Savings and Credit Society Limited
Respondent
Restorers Consult Auctioneers
Respondent
Procedural Posture
Tribunal Application / Ruling on Bill of Costs and Directions for Submissions
Legal Issues
- 1 Whether the Respondent is entitled to costs after the claim was settled by payment of the loan.
- 2 Whether the Bill of Costs filed by the Respondent is premature in the absence of a prior order on costs.
- 3 What procedure should be followed to determine the issue of costs in this matter.
Ratio Decidendi
The Tribunal found that although the Respondent filed a Bill of Costs following the settlement of the substantive claim, there was no prior order or decision on the issue of costs. The filing of the Bill of Costs was therefore premature. In the interest of justice and pursuant to the Cooperative (Practice and Procedure) Rules, the Tribunal directed both parties to file written submissions on the issue of costs within 21 days. The Tribunal will then determine the question of costs after considering the parties' submissions. The order also applies to a related matter (CTC.No.199/2022).
Court Disposition
Directions issued for parties to file written submissions on costs; no final determination on costs at this stage.
Orders
- Parties to file written submissions on the issue of costs within 21 days from the date of the ruling.
- Mention for further directions scheduled for 4 December 2024; notice to issue.
Full Case Text
Judgment text and source record
23 paragraphs
Joseph v County Savings and Credit Society Limited & another (Tribunal Case 190/E001 of 2022) [2024] KECPT 1371 (KLR) (29 August 2024) (Ruling)
Neutral citation: [2024] KECPT 1371 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 190/E001 of 2022
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
August 29, 2024
Between
Bosco Ireri Joseph
Claimant
and
County Savings and Credit Society Limited
1st Respondent
Restorers Consult Auctioneers
2nd Respondent
Ruling
1. The matter for the Respondents Bill of Cost dated 20. 12. 2023.
2. We note that in this matter, parties negotiated and they settled the claim. The Claimant cleared the loan and the only issue that was pending was the issue of costs. We note that parties failed to agree on the issue of costs and the Claimant submitted that the parties were to each bear their own costs while the Respondent sought for costs. That the Claimant cleared the loan after filing the claim in the matter. The parties were ordered to file the Bill of Costs. We have looked at the same.
3. We have considered the matter as filed and note that the Claimant obtained a loan and also filed this claim. The Respondent filed the Response and a Counter- claim for the payment of the loan.
4. However, the Claimant settled the loan and the matter therefore was settled. I note that there was no decision in regard to the issue of costs. We have noted the Bill of Costs filed and note that there was no response to the same.
5. We have considered the Bill of Costs and note that the Respondent served the Claimant. There was no order issued on the issue of costs but the Respondent was ordered to file a Bill of Cost.
6. We note that the Bill of Costs is premature. This was an oversight on side of the Tribunal. We therefore order for the parties to file written submissions on the issue of costs. This decision is made in the interest of justice under Rule 3 and 4 Cooperative (Practice and Procedure) Rules. Order to apply to 199 of 2022.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF AUGUST, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 8.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 8.2024HON. BEATRICE SAWE MEMBER SIGNED 29. 8.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 29. 8.2024HON. PHILIP GICHUKI MEMBER SIGNED 29. 8.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 29. 8.2024HON. PAUL AOL MEMBER SIGNED 29. 8.2024TRIBUNAL CLERK JONAHMs. Njagi advocate holding brief for Gathongo advocate for the Respondent.Winnie Ngigi advocate for Claimant- No appearance.Tribunal Orders:1. Parties to file written submissions 21 days from today.2. Mention for further directions 4. 12. 2024. Notice to issue.3. Order to apply in CTC.No.199/2022. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 8.2024