[2024] KECPT 1532 (KLR)

[2024] KECPT 1532 (KLR)

The Tribunal found that the Claimant's Bill of Costs was largely in accordance with the Advocate Remuneration Order, Schedule II. Specific items were taxed as billed where they matched the scale, while others were adjusted to the amounts prescribed by the Order. The absence of a response or submissions from the...

Source-derived case information.

Citation
[2024] KECPT 1532 (KLR)
Parties
Applicant: Kisumu Urban Apostolate Programme (Kuap-Pandpieri); Respondent: K-Met Savings & Credit Cooperative Society
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 125 of 2020
Procedural Posture
Bill of Costs Application / Taxation Ruling
Outcome
Bill of Costs taxed and allowed as amended.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocate Remuneration Order, Bill of Costs, Cooperative Tribunal Procedure
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration Order Bill of Costs Cooperative Tribunal Procedure

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Parties

Kisumu Urban Apostolate Programme (Kuap-Pandpieri)

Applicant

K-Met Savings & Credit Cooperative Society

Respondent

Procedural Posture

Bill of Costs Application / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs filed by the Claimant should be taxed as presented or amended in accordance with the Advocate Remuneration Order.
  2. 2 Whether the items claimed in the Bill of Costs are in accordance with Schedule II of the Advocate Remuneration Order.

Ratio Decidendi

The Tribunal found that the Claimant's Bill of Costs was largely in accordance with the Advocate Remuneration Order, Schedule II. Specific items were taxed as billed where they matched the scale, while others were adjusted to the amounts prescribed by the Order. The absence of a response or submissions from the Respondent meant there was no contest to the Claimant's Bill. The Tribunal exercised its discretion to amend and tax the Bill as appropriate, resulting in a total taxed amount of Kshs. 167,467.

Court Disposition

Bill of Costs taxed and allowed as amended.

Orders

  • The Claimant's Bill of Costs dated 22/2/2024 is taxed at Kshs. 167,467.
  • Items taxed as per the ruling and in accordance with Schedule II Advocate Remuneration Order.