[2023] KECPT 1063 (KLR)

[2023] KECPT 1063 (KLR)

The Tribunal found that the Bill of Costs was unopposed and proceeded to tax the bill in accordance with the Advocate Remuneration Order 2014. The Tribunal assessed the items as follows: instructions fees at Kshs. 155,520, filing fees at Kshs. 495, attendance fees at Kshs. 14,600, and service fees at Kshs. 1,400,...

Source-derived case information.

Citation
[2023] KECPT 1063 (KLR)
Parties
Applicant: Benjamin Kimeu & 7 others; Respondent: Mwalimu National Savings & Credit Coop Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 521 of 2013
Procedural Posture
Bill of Costs / Ruling on Taxation of Bill of Costs
Outcome
Bill of Costs taxed and allowed as presented, totaling Kshs. 170,615.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
Legal Topics
Taxation of Costs, Advocate Remuneration, Bill of Costs, Cooperative Tribunal Procedure
Source Language
en
Civil Procedure Taxation of Costs Advocate Remuneration Bill of Costs Cooperative Tribunal Procedure

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Parties

Benjamin Kimeu & 7 others

Applicant

Mwalimu National Savings & Credit Coop Society Limited

Respondent

Procedural Posture

Bill of Costs / Ruling on Taxation of Bill of Costs

Legal Issues

  1. 1 Whether the Bill of Costs dated 23.6.2022 should be taxed as presented by the applicant.
  2. 2 What is the appropriate amount to be awarded under the various items in the Bill of Costs.

Ratio Decidendi

The Tribunal found that the Bill of Costs was unopposed and proceeded to tax the bill in accordance with the Advocate Remuneration Order 2014. The Tribunal assessed the items as follows: instructions fees at Kshs. 155,520, filing fees at Kshs. 495, attendance fees at Kshs. 14,600, and service fees at Kshs. 1,400, resulting in a total taxed amount of Kshs. 170,615. The absence of a response from the respondent meant there was no contestation, and the Tribunal applied the statutory schedule to determine the appropriate amounts for each item claimed.

Court Disposition

Bill of Costs taxed and allowed as presented, totaling Kshs. 170,615.

Orders

  • The Bill of Costs dated 23.6.2022 is taxed at Kshs. 170,615.
  • No objection having been filed, the taxed amount is payable as assessed.