[2023] KECPT 1041 (KLR)
The Tribunal found that the Bill of Costs dated 25.7.2023 was properly drawn to scale at Kshs 148,997.21. In the absence of any response or objection from the respondents, and upon review of the Bill, the Tribunal allowed the Bill of Costs as prayed. The decision was based on the principle that costs should be taxed...
Source-derived case information.
- Citation
- [2023] KECPT 1041 (KLR)
- Parties
- Applicant: Steve Muriithi Kamunya; Respondent: Biashara Sacco Society Limited; Respondent: Providence Auctioneers
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 224 of 2018
- Procedural Posture
- Bill of Costs Application / Ruling on Bill of Costs
- Outcome
- Bill of Costs allowed as prayed.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Bill of Costs, Scale of Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Steve Muriithi Kamunya
Applicant
Biashara Sacco Society Limited
Respondent
Providence Auctioneers
Respondent
Procedural Posture
Bill of Costs Application / Ruling on Bill of Costs
Legal Issues
- 1 Whether the Bill of Costs dated 25.7.2023 is properly drawn to scale and should be allowed as prayed.
Ratio Decidendi
The Tribunal found that the Bill of Costs dated 25.7.2023 was properly drawn to scale at Kshs 148,997.21. In the absence of any response or objection from the respondents, and upon review of the Bill, the Tribunal allowed the Bill of Costs as prayed. The decision was based on the principle that costs should be taxed according to the prescribed scale and that unopposed bills, if compliant, are to be allowed.
Court Disposition
Bill of Costs allowed as prayed.
Orders
- The Bill of Costs dated 25.7.2023 in the sum of Kshs 148,997.21 is allowed as prayed.
Full Case Text
Judgment text and source record
20 paragraphs
Kamunya v Biashara Sacco Society Limited & another (Tribunal Case 224 of 2018) [2023] KECPT 1041 (KLR) (Civ) (30 November 2023) (Ruling)
Neutral citation: [2023] KECPT 1041 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 224 of 2018
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
November 30, 2023
Between
Steve Muriithi Kamunya
Claimant
and
Biashara Sacco Society Limited
1st Respondent
Providence Auctioneers
2nd Respondent
Ruling
1. The matter for determination is Bill of Cost dated 25. 7.2023. We note that there was no Response despite service.
2. We find that the Bill of Cost is drawn to scale at Kshs 148,997/21 and the same is allowed as prayed.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF NOVEMBER, 2023. HON. BEATRICE KIMEMIACHAIRPERSONSIGNED 30. 11. 2023. .............HON. J. MWATSAMADEPUTY CHAIRPERSONSIGNED 30. 11. 2023. ...........HON. BEATRICE SAWEMEMBERSIGNED 30. 11. 2023. ...............HON. FRIDAH LOTUIYAMEMBERSIGNED 30. 11. 2023. ...............HON. PHILIP GICHUKIMEMBERSIGNED 30. 11. 2023. ...............HON. MICHAEL CHESIKAWMEMBERSIGNED 30. 11. 2023. ............HON. PAUL AOLMEMBERSIGNED 30. 11. 2023. ............TRIBUNAL CLERK JONAHWanjiru advocate holding brief for Mr. Ng’ang’a advocate for the Respondent.Stephen Kamunya- No appearance.Hon. J. Mwatsama Deputy Chairperson Signed 30. 11. 2023