[2024] KECPT 215 (KLR)

[2024] KECPT 215 (KLR)

The Tribunal determined that, since the main suit was summarily dismissed for want of prosecution and non-appearance, the lower scale under clause 4 of Schedule II of the Advocate’s Remuneration Order applied. The subject matter could not be ascertained, and the matter was of normal complexity. Instruction fees were...

Source-derived case information.

Citation
[2024] KECPT 215 (KLR)
Parties
Claimant: Moses Kamore; Respondent: Forward Travellers
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 423 of 2017
Procedural Posture
Party and Party Bill of Costs / Taxation Ruling
Outcome
Party and Party Bill of Costs taxed at Kshs. 57,755 in favour of the respondent.
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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Moses Kamore

Claimant

Forward Travellers

Respondent

Procedural Posture

Party and Party Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Respondent's Party and Party Bill of Costs should be taxed as presented.
  2. 2 What scale and quantum should be applied in assessing the costs given the summary dismissal for want of prosecution and non-appearance.
  3. 3 Whether VAT is chargeable on party and party costs in this matter.

Ratio Decidendi

The Tribunal determined that, since the main suit was summarily dismissed for want of prosecution and non-appearance, the lower scale under clause 4 of Schedule II of the Advocate’s Remuneration Order applied. The subject matter could not be ascertained, and the matter was of normal complexity. Instruction fees were assessed at Kshs. 58,800, with additional costs for defending an application, attendances, and disbursements. The Tribunal declined to award VAT, holding it was not chargeable on party and party costs. The Bill of Costs was taxed at a total sum of Kshs. 57,755.

Court Disposition

Party and Party Bill of Costs taxed at Kshs. 57,755 in favour of the respondent.

Orders

  • The Party and Party Bill of Costs dated 17th October, 2022 is taxed at a total sum of Kshs. 57,755 in favour of the respondent.
  • No VAT is awarded on the taxed costs.