[2022] KECPT 902 (KLR)
The Tribunal found that the matter was not complex enough to warrant the higher instruction fee sought by the applicant. It determined that the appropriate instruction fee was Kshs 35,280, aligning with the recommended minimum. The Tribunal also noted that it had no jurisdiction over some of the original prayers,...
Source-derived case information.
- Citation
- [2022] KECPT 902 (KLR)
- Parties
- Applicant: Francis Kamau Muita; Respondent: Thiririka Farmer’S Cooperative Society Limited; Respondent: James Gituro
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 265/E047 of 2021
- Procedural Posture
- Bill of Costs / Ruling on Taxation of Costs
- Outcome
- Bill of costs taxed at Kshs 45,390 with a 30-day stay of execution granted.
- Judges
- BM Kimemia, J. Mwatsama, M. Mbeneka
- Legal Topics
- Taxation of Costs, Instruction Fees, Jurisdiction of Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kamau Muita
Applicant
Thiririka Farmer’S Cooperative Society Limited
Respondent
James Gituro
Respondent
Procedural Posture
Bill of Costs / Ruling on Taxation of Costs
Legal Issues
- 1 Whether the instruction fees claimed by the applicant are justified in light of the complexity of the matter.
- 2 Whether the Tribunal had jurisdiction over the original prayers in the claim.
- 3 What is the appropriate amount to be taxed for each item in the bill of costs.
Ratio Decidendi
The Tribunal found that the matter was not complex enough to warrant the higher instruction fee sought by the applicant. It determined that the appropriate instruction fee was Kshs 35,280, aligning with the recommended minimum. The Tribunal also noted that it had no jurisdiction over some of the original prayers, which were subsequently withdrawn by consent. The remaining items in the bill of costs were taxed as drawn to scale, with reasonable amounts allowed for service and disbursements. The total bill was taxed at Kshs 45,390. A stay of execution for 30 days was granted upon request by the parties.
Court Disposition
Bill of costs taxed at Kshs 45,390 with a 30-day stay of execution granted.
Orders
- Item 1 instruction fees taxed at Kshs 35,280.
- Items 2, 3, 4, 5, and 6 granted as drawn to scale.
Full Case Text
Judgment text and source record
21 paragraphs
Muita v Thiririka Farmer’S Cooperative Society Limited & another (Tribunal Case 265/E047 of 2021) [2022] KECPT 902 (KLR) (16 December 2022) (Ruling)
Neutral citation: [2022] KECPT 902 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 265/E047 of 2021
BM Kimemia, Chair, J. Mwatsama, Vice Chair & M. Mbeneka, Member
December 16, 2022
Between
Francis Kamau Muita
Claimant
and
Thiririka Farmer’S Cooperative Society Limited
1st Respondent
James Gituro
2nd Respondent
Ruling
1. The matter for determination is a Bill of Cost dated February 23, 2022. The Respondent filed a Ground of Opposition dated February 23, 2022. The parties filed written submissions on September 7, 2022 dated July 5, 2022 and April 1, 2022 respectively.
2. On item 1 instruction fees, the Claimant sought for Kshs 200,000/= under this heed. That the matter was complex in nature and the advocate spent many hours on research. The Respondents submitted that the matter was not complex and that the Claimant is only entitled to the base minimum of Kshs 30,280/=. The Claimant submits that this figure is below the recommended amount of Kshs 35,280/=.
3. We have considered the submissions of the parties against the prayers in the Statement of Claim. We find that the Tribunal had no jurisdiction to entertain prayer a and b and the Claimant amended the claim and added prayer c and d, the Claimant withdrew the claim by consent of parties.
4. In this regard, we find that an amount of Kshs 35,280/= is applicable and the same is granted.1. The item 1 is taxed at Kshs 35,280/=.2. On items 2,3,4,5 and 6, the items have been drawn to scale hence granted.3. On items 7 and 8 service – we find that the proposed amounts are reasonable and grant Kshs 2000/= for each item.4. For item 10 - disbursement- Kshs 3610/= for fees is allowed.5. Item 9 is taxed off an inapplicable.
We therefore tax off the bell at Kshs 45, 390/=.Ruling signed, dated and delivered virtually at Nairobi this 16th day of December, 2022. Hon. Beatrice Kimemia Chairperson Signed 16. 12. 2022Hon. J. Mwatsama Deputy chairperson Signed 16. 12. 2022M. Mbeneka Member Signed 16. 12. 2022Tribunal Clerk J. MutaiOngato advocate for the Claimant.Jesse Kariuki for Respondent presentJesse Kariuki – We pray for stay of execution for 45 days.Ongato advocate – We are willing to accept 30 days.Tribunal- 30 days stay of execution granted.Hon. J. Mwatsama Deputy chairperson Signed 16. 12. 2022