[2019] KEBPRT 14 (KLR)
The Tribunal, after perusing the available record and considering the submissions of both parties, determined that the Tenant's bill of costs should be taxed in accordance with schedule 8 of the Advocate's Remuneration Order. The Tribunal assessed the costs item by item and found that the appropriate amount payable...
Source-derived case information.
- Citation
- [2019] KEBPRT 14 (KLR)
- Parties
- Applicant: KMK – Ukuria Investment; Respondent: Njai Kamau; Respondent: John Muema Mutuku
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 201, 202 & 218 & 257 of 2012
- Procedural Posture
- Miscellaneous Application / Taxation of Bill of Costs
- Outcome
- Tenant's bill of costs taxed in the sum of Kshs 158,665, payable within six months, with execution permitted in default.
- Legal Topics
- Taxation of Costs, Advocates Remuneration, Business Premises Rent Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KMK – Ukuria Investment
Applicant
Njai Kamau
Respondent
John Muema Mutuku
Respondent
Procedural Posture
Miscellaneous Application / Taxation of Bill of Costs
Legal Issues
- 1 Whether the Tenant's bill of costs dated 6th May 2017 should be taxed as presented.
- 2 What is the appropriate amount payable to the Tenant under schedule 8 of the Advocate's Remuneration Order.
Ratio Decidendi
The Tribunal, after perusing the available record and considering the submissions of both parties, determined that the Tenant's bill of costs should be taxed in accordance with schedule 8 of the Advocate's Remuneration Order. The Tribunal assessed the costs item by item and found that the appropriate amount payable to the Tenant is Kshs 158,665. The Tribunal exercised its discretion to tax the costs based on the evidence and the applicable legal framework, despite the absence of the original file, and ordered payment within six months, failing which execution may proceed under section 14(1) of Cap 301.
Court Disposition
Tenant's bill of costs taxed in the sum of Kshs 158,665, payable within six months, with execution permitted in default.
Orders
- The Tenant's bill of costs dated 6th May 2017 is hereby taxed in the sum of Kshs 158,665.
- The costs shall be paid within 6 months from the date hereof; in default, the Tenant shall execute under section 14(1) of Cap 301.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO. 201, 202 & 218 & 257 OF 2012 (NAIROBI)
KMK – UKURIA INVESTMENT…..………………….……………LANDLORD/APPLICANT
VERSUS
NJAI KAMAU & JOHN MUEMA MUTUKU………………………TENANT/RESPONDENT
RULING
The subject matter of the ruling is the Tenant’s bill of costs dated 6th May 2017. The Tenant’s bill of costs is in the sum of shs 308,675. The Tribunal has on record the Landlord’s written submissions filed on 17th January 2019. The Tribunal has on record the Tenant’s response to the Landlord’s written submissions dated 11th February 2019.
The Tribunal does not have the original file but has perused the record which is available and taken into account schedule 8 of the Advocate’s Remuneration order. The proceedings before the Tribunal were in respect of termination of tenancy. The annual rent is agreed at shs 180,000/-.
The advocate’s instructions fees is shs 35,000/-.
Attendance at the Tribunal for any application of shs 2100, attendance at the registry at shs 1400, attendance at the hearing is shs 4,000. Instructions fee on an application is shs 15,000/-.
The Tribunal has perused the Tenant’s bill of costs item by item and assess the costs payable to the Tenant as per schedule 8 of the Advocate’s costs at shs 158,665/-. The Tribunal makes the following orders;
1. The Tenant’s bill of costs dated 6th May 2017 is hereby taxed in the sum of Kshs 158,665/-.
2. The costs shall be paid within 6 months from the date hereof in default the Tenant shall execute under section 14(1) of Cap 301.
Ruling delivered this 2nd August 2019 in the presence of Njeru Ithiga holding brief for Macharia for the Landlord. Advocate for the Tenant absent.
MBICHI MBOROKI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL