[2023] KECPT 1102 (KLR)

[2023] KECPT 1102 (KLR)

The Tribunal determined that it does not have jurisdiction to tax Auctioneers Bills of Costs by virtue of section 76 of the Cooperative Societies Act. The Tribunal held that such bills should be included within the Party to Party Bill of Costs and presented before a forum with the requisite jurisdiction....

Source-derived case information.

Citation
[2023] KECPT 1102 (KLR)
Parties
Applicant: Kenya Medical Sacco Limited; Respondent: Samuel Ogosi
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 290 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Auctioneers Bill of Costs
Outcome
Auctioneers Bill of Costs dismissed for want of jurisdiction.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Jurisdiction of Tribunal, Taxation of Costs, Auctioneers Bill, Party to Party Costs
Source Language
en
Civil Procedure Jurisdiction of Tribunal Taxation of Costs Auctioneers Bill Party to Party Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Medical Sacco Limited

Applicant

Samuel Ogosi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Auctioneers Bill of Costs

Legal Issues

  1. 1 Whether the Cooperative Tribunal has jurisdiction to tax an Auctioneers Bill of Costs.
  2. 2 Whether the Auctioneers Bill of Costs should be determined within the Party to Party Bill of Costs before another forum.

Ratio Decidendi

The Tribunal determined that it does not have jurisdiction to tax Auctioneers Bills of Costs by virtue of section 76 of the Cooperative Societies Act. The Tribunal held that such bills should be included within the Party to Party Bill of Costs and presented before a forum with the requisite jurisdiction. Consequently, the Auctioneers Bill of Costs dated 24/5/2023 was dismissed for want of jurisdiction.

Court Disposition

Auctioneers Bill of Costs dismissed for want of jurisdiction.

Orders

  • The Auctioneers Bill of Costs dated 24/5/2023 is dismissed for want of jurisdiction.