[2024] KECPT 1520 (KLR)

[2024] KECPT 1520 (KLR)

The Tribunal found that since the claimant withdrew the matter with costs and did not contest the respondent's bill of costs, the bill should be taxed in accordance with the Advocate Remuneration Order. The Tribunal scrutinized the items in the bill, allowing Kshs. 35,280 for the defence of a matter that cannot be...

Source-derived case information.

Citation
[2024] KECPT 1520 (KLR)
Parties
Applicant: Leonard Karimi Kinyua; Respondent: Bingwa Savings and Credit Cooperative Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 49 (E081) of 2023
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
bill of costs taxed in favour of respondent
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Bill of Costs, Withdrawal of Suit
Source Language
en
Civil Procedure Costs Taxation Bill of Costs Withdrawal of Suit

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Parties

Leonard Karimi Kinyua

Applicant

Bingwa Savings and Credit Cooperative Limited

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the respondent's bill of costs should be taxed as presented following the claimant's withdrawal of the suit with costs.
  2. 2 What is the appropriate amount to be awarded under the bill of costs in accordance with the Advocate Remuneration Order.

Ratio Decidendi

The Tribunal found that since the claimant withdrew the matter with costs and did not contest the respondent's bill of costs, the bill should be taxed in accordance with the Advocate Remuneration Order. The Tribunal scrutinized the items in the bill, allowing Kshs. 35,280 for the defence of a matter that cannot be ascertained and Kshs. 1,400 for item 4, while taxing items 2, 3, and 5 at nil. The total taxed costs awarded to the respondent amounted to Kshs. 36,680. The Tribunal's decision was based on the absence of opposition and the application of the relevant remuneration schedule.

Court Disposition

bill of costs taxed in favour of respondent

Orders

  • The respondent's bill of costs is taxed at Kshs. 36,680.
  • No further orders as to costs.