[2023] KECPT 1032 (KLR)

[2023] KECPT 1032 (KLR)

The Tribunal found that the respondent's bill of costs was properly presented for taxation and, in the absence of any opposition or evidence to the contrary from the claimant, proceeded to assess the items claimed. Instruction fees were allowed at Kshs. 58,800/= as per the scale. Attendance fees were allowed for...

Source-derived case information.

Citation
[2023] KECPT 1032 (KLR)
Parties
Claimant: Nelson Njururi Mugo; Respondent: Mungania Tea Growers Sacco Ltd
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 47 of 2011
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
bill of costs taxed and allowed
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
Legal Topics
Costs Taxation, Advocate Remuneration, Bill of Costs, Cooperative Tribunal Procedure
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration Bill of Costs Cooperative Tribunal Procedure

Source-derived case record

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Parties

Nelson Njururi Mugo

Claimant

Mungania Tea Growers Sacco Ltd

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the respondent's bill of costs is properly drawn and should be taxed as presented.
  2. 2 Whether the items claimed are supported by evidence and allowable under the Advocate Remuneration Order.

Ratio Decidendi

The Tribunal found that the respondent's bill of costs was properly presented for taxation and, in the absence of any opposition or evidence to the contrary from the claimant, proceeded to assess the items claimed. Instruction fees were allowed at Kshs. 58,800/= as per the scale. Attendance fees were allowed for specific items totaling Kshs. 7,800/=. Disbursements for items 11 to 15 were allowed at Kshs. 435/=. Items that were either included within other allowed items or unsupported by receipts were taxed off at NIL. The total bill of costs was therefore taxed and allowed at Kshs. 67,035/=.

Court Disposition

bill of costs taxed and allowed

Orders

  • The respondent's bill of costs dated 23.7.2020 is taxed and allowed at Kshs. 67,035/=