[2023] KECPT 1083 (KLR)

[2023] KECPT 1083 (KLR)

The Tribunal found that the Bill of Costs was in accordance with the Advocates Remuneration Order for advocates' costs. However, since the Claimant acted in person and the claim was unliquidated, the Tribunal exercised its discretion under Rule 18 of the Cooperative Tribunal (Practice and Procedure) Rules 2004 to...

Source-derived case information.

Citation
[2023] KECPT 1083 (KLR)
Parties
Applicant: Stephen Ndung’u Kanji; Respondent: Komothai Coffee Growers Cooperative Society Ltd
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 35 of 2015
Procedural Posture
Bill of Costs Application / Ruling on Bill of Costs
Outcome
Claimant's costs amended and fixed at Kshs. 70,000 as per Tribunal rules.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Assessment, Advocates Remuneration, Tribunal Practice
Source Language
en
Civil Procedure Costs Assessment Advocates Remuneration Tribunal Practice

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Parties

Stephen Ndung’u Kanji

Applicant

Komothai Coffee Growers Cooperative Society Ltd

Respondent

Procedural Posture

Bill of Costs Application / Ruling on Bill of Costs

Legal Issues

  1. 1 Whether the Bill of Costs dated 21/11/2022 is in accordance with the Advocates Remuneration Order.
  2. 2 Whether the Claimant, acting in person, is entitled to costs and at what quantum under the Cooperative Tribunal (Practice and Procedure) Rules 2004.

Ratio Decidendi

The Tribunal found that the Bill of Costs was in accordance with the Advocates Remuneration Order for advocates' costs. However, since the Claimant acted in person and the claim was unliquidated, the Tribunal exercised its discretion under Rule 18 of the Cooperative Tribunal (Practice and Procedure) Rules 2004 to amend and fix the Claimant's costs at Kshs. 70,000. The Tribunal considered the nature of the matter and the applicable rules in determining the appropriate quantum of costs.

Court Disposition

Claimant's costs amended and fixed at Kshs. 70,000 as per Tribunal rules.

Orders

  • Claimant's costs are fixed at Kshs. 70,000 in accordance with Rule 18 of the Cooperative Tribunal (Practice and Procedure) Rules 2004.