Mary Wanjiku Ng’ang’a v Yunnah International Construction Company Limited
The Bill of Costs was assessed by allowing items properly drawn as claimed, taxing service and attendance items at the prescribed rates under the Advocates (Remuneration) Order due to inadequate particulars and absence of hearings, allowing the proved court fee disbursement, and disallowing future costs that had not...
Source-derived case information.
- Citation
- [2026] KEMC 873 (KLR)
- Parties
- Plaintiff: MARY WANJIKU NG’ANG’A; Defendant: YUNNAH INTERNATIONAL CONSTRUCTION COMPANY LIMITED
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E182 of 2025
- Procedural Posture
- Civil Case – Party and Party Bill of Costs Taxation / Ruling on Plaintiff’s Party and Party Bill of Costs Dated 22nd April 2026
- Outcome
- Plaintiff’s Party and Party Bill of Costs dated 22nd April 2026 allowed in part and assessed at Kshs. 113,400/=
- Judges
- ["TO Omono"]
- Legal Topics
- Party and Party Bill of Costs, Taxation of Disbursements, Assessment of Service Fees, Assessment of Attendance Fees, Recoverability of Future Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MARY WANJIKU NG’ANG’A
Plaintiff
YUNNAH INTERNATIONAL CONSTRUCTION COMPANY LIMITED
Defendant
Procedural Posture
Civil Case – Party and Party Bill of Costs Taxation / Ruling on Plaintiff’s Party and Party Bill of Costs Dated 22nd April 2026
Legal Issues
- 1 How the Plaintiff’s Party and Party Bill of Costs should be assessed.
- 2 Whether service, attendance, and disbursement items should be allowed at the claimed amounts.
- 3 Whether items for costs not yet incurred are taxable at this stage.
Ratio Decidendi
The Bill of Costs was assessed by allowing items properly drawn as claimed, taxing service and attendance items at the prescribed rates under the Advocates (Remuneration) Order due to inadequate particulars and absence of hearings, allowing the proved court fee disbursement, and disallowing future costs that had not yet been incurred. The resulting assessed amount was Kshs. 113,400/=.
Court Disposition
Plaintiff’s Party and Party Bill of Costs dated 22nd April 2026 allowed in part and assessed at Kshs. 113,400/=
Orders
- Items 1, 2, 4-5, 6(a), 6(e)-(h), and 8 allowed as drawn.
- Item 3 taxed at Kshs. 1,400/=.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATES COURT AT BUNGOMA** **CIVIL CASE NO. E182 OF 2025** **MARY WANJIKU NG’ANG’A……………......….……………………………………...PLAINTIFF** **VERSUS** **YUNNAH INTERNATIONAL CONSTRUCTION COMPANY LIMITED……..DEFENDANT** **RULING** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 22nd April 2026. 2. Items 1,2,4-5, 6 (a),(e) – (h) and 8 are assessed as drawn since the said items were drawn to scale. **Service** 1. Item 3 is assessed at Kshs. 1,400/= per Schedule 7(10) of the Advocates (Remuneration) Order (ARO) given that the Plaintiff failed to give particulars of the place where the Defendant was served. **Attendances** 1. Item 6 (b) – (d) are assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO given that no hearing took place on those occasions. **Disbursements** 1. Item 7 is assessed at Kshs. 500/= per the court fees receipt on record. 2. Items 9 and 10 are assessed off since the costs claimed are yet to be incurred by the Plaintiff. In any event, such costs are recoverable during execution upon proof of payment. **DETERMINATION** 1. The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 22nd April 2026 is assessed at Kshs. 113,400/=. **Read, signed, and delivered in open court at Bungoma, this 23rd day of July 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** Ms. Chebet for the Plaintiff Mr. Choni for the Defendant C/A: Mr. Rioba