[2023] KECPT 414 (KLR)

[2023] KECPT 414 (KLR)

The Tribunal found that the Bill of Costs must be taxed strictly in accordance with the Advocates Remuneration Order. The amount claimed for instructions was reduced from Kshs 300,000 to Kshs 124,687.18 as per Schedule II Rule 9. Attendances for mentions, ruling, and judgment were allowed at the prescribed rates,...

Source-derived case information.

Citation
[2023] KECPT 414 (KLR)
Parties
Applicant: Robert Njagi Kimotho; Applicant: Lorna Margaret Kariuki; Respondent: County Sacco Society Limited; Respondent: Restorers Consult Auctioneers
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 273 of 2020
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed in the sum of Kshs 143,862.18.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocates Remuneration, Bill of Costs, Disbursements, Attendance Fees
Source Language
en
Civil Procedure Costs Taxation Advocates Remuneration Bill of Costs Disbursements Attendance Fees

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Parties

Robert Njagi Kimotho

Applicant

Lorna Margaret Kariuki

Applicant

County Sacco Society Limited

Respondent

Restorers Consult Auctioneers

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the items claimed in the Bill of Costs are allowable under the Advocates Remuneration Order.
  2. 2 Whether the amounts claimed for instructions, attendances, service, and disbursements are reasonable and in accordance with the applicable schedule.

Ratio Decidendi

The Tribunal found that the Bill of Costs must be taxed strictly in accordance with the Advocates Remuneration Order. The amount claimed for instructions was reduced from Kshs 300,000 to Kshs 124,687.18 as per Schedule II Rule 9. Attendances for mentions, ruling, and judgment were allowed at the prescribed rates, and service fees were allowed at Kshs 1,400 each. Disbursements for filing fees and other court documents were allowed as claimed, provided they were supported by the record. The total amount allowed was Kshs 143,862.18. The Tribunal emphasized that only items supported by the schedule and properly incurred in the course of the proceedings would be allowed.

Court Disposition

Bill of Costs taxed and allowed in the sum of Kshs 143,862.18.

Orders

  • The Bill of Costs dated July 14, 2022 is taxed and allowed at Kshs 143,862.18.
  • Any amount claimed in excess of the allowed sum is disallowed.