[2023] KECPT 1044 (KLR)

[2023] KECPT 1044 (KLR)

The Tribunal found that, in the absence of any response or objection to the Bill of Costs dated 5.5.2023, it was appropriate to assess the bill strictly in accordance with Schedule II of the Advocate Remuneration Order 2014. The Tribunal scrutinized each item, allowing those provided for under the Order and...

Source-derived case information.

Citation
[2023] KECPT 1044 (KLR)
Parties
Applicant: Wilson Gitaru Kabata; Respondent: City Hoppa Sacco; Respondent: Speed Capital Limited; Respondent: National Transport & Safety Authority; Respondent: Phrasia Wanjiru Kariuki
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 386 of 2019
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed at Kshs. 66,200.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocate Remuneration, Bill of Costs Assessment
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration Bill of Costs Assessment

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Parties

Wilson Gitaru Kabata

Applicant

City Hoppa Sacco

Respondent

Speed Capital Limited

Respondent

National Transport & Safety Authority

Respondent

Phrasia Wanjiru Kariuki

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 5.5.2023 should be taxed as presented in the absence of a response.
  2. 2 What is the appropriate amount to be awarded under the Advocate Remuneration Order 2014 for the items claimed.

Ratio Decidendi

The Tribunal found that, in the absence of any response or objection to the Bill of Costs dated 5.5.2023, it was appropriate to assess the bill strictly in accordance with Schedule II of the Advocate Remuneration Order 2014. The Tribunal scrutinized each item, allowing those provided for under the Order and disallowing or adjusting those not supported by the law. The total amount taxed was determined by aggregating the allowed items, resulting in a final figure of Kshs. 66,200. The Tribunal's decision was based on the principle that costs must be taxed in accordance with the law and that unopposed bills may be assessed on their merits without further submissions.

Court Disposition

Bill of Costs taxed and allowed at Kshs. 66,200.

Orders

  • The Bill of Costs dated 5.5.2023 is taxed and allowed at Kshs. 66,200.