[2023] KECPT 785 (KLR)

[2023] KECPT 785 (KLR)

The Tribunal considered each item in the Bill of Costs and determined the amounts properly chargeable under the applicable scale. Instruction fees were taxed at Kshs. 35,280, filing fees at Kshs. 4,245, service of summons at Kshs. 2,000, swearing at Kshs. 100, attendances at Kshs. 500 each for certain items and...

Source-derived case information.

Citation
[2023] KECPT 785 (KLR)
Parties
Claimant: Joseph Adeta Luta; Respondent: Mek Sacco Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 278 of 2020
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed in the sum of Kshs. 48,675 in favour of the Claimant.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Bill of Costs, Taxation of Costs, Cooperative Societies, Costs Award
Source Language
en
Commercial and Corporate Bill of Costs Taxation of Costs Cooperative Societies Costs Award

Source-derived case record

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Parties

Joseph Adeta Luta

Claimant

Mek Sacco Limited

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the items in the Bill of Costs dated 9.9.2022 are properly chargeable and should be taxed as claimed.
  2. 2 Whether the Claimant is entitled to the amounts claimed in the Bill of Costs.

Ratio Decidendi

The Tribunal considered each item in the Bill of Costs and determined the amounts properly chargeable under the applicable scale. Instruction fees were taxed at Kshs. 35,280, filing fees at Kshs. 4,245, service of summons at Kshs. 2,000, swearing at Kshs. 100, attendances at Kshs. 500 each for certain items and Kshs. 1,400 for another, and service of hearing and mention notices at Kshs. 1,400. VAT and several other items were taxed at nil. The total taxed amount was Kshs. 48,675, which was awarded to the Claimant. The Tribunal exercised its discretion to ensure only reasonable and properly supported costs were allowed.

Court Disposition

Bill of Costs taxed and allowed in the sum of Kshs. 48,675 in favour of the Claimant.

Orders

  • The Bill of Costs dated 9.9.2022 is taxed at Kshs. 48,675.
  • The taxed amount is awarded to the Claimant.