[2023] KECPT 1104 (KLR)

[2023] KECPT 1104 (KLR)

The Tribunal found that only those items specifically allowed under Schedule 11 of the Advocates Remuneration Order are payable. Instruction fees were taxed at Kshs 100,000. Items not payable under the relevant schedule or not proved, particularly those relating to service and attendance, were taxed off at NIL....

Source-derived case information.

Citation
[2023] KECPT 1104 (KLR)
Parties
Applicant: Kenya Medical Sacco Limited; Respondent: Samuel Ogosi
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 290 of 2019
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed in the sum of Kshs 130,126.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocates Remuneration Order, Bill of Costs Assessment
Source Language
en
Civil Procedure Costs Taxation Advocates Remuneration Order Bill of Costs Assessment

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Parties

Kenya Medical Sacco Limited

Applicant

Samuel Ogosi

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the items claimed in the Bill of Costs are payable under Schedule 11 of the Advocates Remuneration Order.
  2. 2 Whether the applicant has proved service and attendance items claimed in the Bill of Costs.

Ratio Decidendi

The Tribunal found that only those items specifically allowed under Schedule 11 of the Advocates Remuneration Order are payable. Instruction fees were taxed at Kshs 100,000. Items not payable under the relevant schedule or not proved, particularly those relating to service and attendance, were taxed off at NIL. Attendance items that were proved were allowed at Kshs 500 each, and service was allowed at Kshs 1,000. Disbursements were allowed as claimed. The total Bill of Costs was therefore taxed at Kshs 130,126.

Court Disposition

Bill of Costs taxed and allowed in the sum of Kshs 130,126.

Orders

  • Instruction fees taxed at Kshs 100,000.
  • Attendance items 5, 9, 12, 15, 218, 19, 38, 39, 46, 54 taxed at Kshs 500 each totaling Kshs 5,000.