[2023] KECPT 911 (KLR)
The Tribunal found that the bill of costs was properly presented and unopposed, and that the items claimed were in accordance with the Advocates Remuneration Order 2014. Instruction fees and other items were allowed as prayed or taxed at the appropriate rates. The total bill of costs was taxed at Kshs. 134,275, as...
Source-derived case information.
- Citation
- [2023] KECPT 911 (KLR)
- Parties
- Applicant: Solomon Muthuri; Respondent: Menya Services Savings and Credit Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 397 of 2016
- Procedural Posture
- Bill of Costs Application / Taxation Ruling
- Outcome
- bill of costs taxed as prayed
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Advocates Remuneration Order, Instruction Fees, Attendance Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Muthuri
Applicant
Menya Services Savings and Credit Society Ltd
Respondent
Procedural Posture
Bill of Costs Application / Taxation Ruling
Legal Issues
- 1 Whether the bill of costs as presented by the applicant should be taxed as prayed.
- 2 Whether the items claimed in the bill of costs are reasonable and in accordance with the Advocates Remuneration Order 2014.
Ratio Decidendi
The Tribunal found that the bill of costs was properly presented and unopposed, and that the items claimed were in accordance with the Advocates Remuneration Order 2014. Instruction fees and other items were allowed as prayed or taxed at the appropriate rates. The total bill of costs was taxed at Kshs. 134,275, as the respondent did not contest any item and the amounts claimed were reasonable and supported by the applicable legal framework.
Court Disposition
bill of costs taxed as prayed
Orders
- The bill of costs dated 10/2/2023 is taxed at Kshs. 134,275.
Full Case Text
Judgment text and source record
18 paragraphs
Muthuri v Menya Services Savings and Credit Society Ltd (Tribunal Case 397 of 2016) [2023] KECPT 911 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KECPT 911 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 397 of 2016
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
October 26, 2023
Between
Solomon Muthuri
Claimant
and
Menya Services Savings and Credit Society Ltd
Respondent
Ruling
1. The matter for determination is a bill of cost dated 10/2/2023. There were no Written Submissions filed by the Respondent despite service.
2. The Bill of Costs is and hereunder as per Scheduled II Advocates Renumeration Order 2014. 1.Item 1 Instruction Fees allowed as prayed at Kshs 100,000/=2. Items on Attendance, item 2,3,14 and 15 taxed at Kshs. 500/-, items 4,5,6,8,9,10,11,12 taxed at Kshs. 1,200/= each while item 7 is NIL since it was assessed and ordered to be paid before the next hearing date.3. Items on service from 16-20 each, taxed at Kshs. 1,400/= each.4. Items on Instruments, item 21-25 taxed at Kshs. 18,675/=.
We therefore find that the Bill of Cost is hereby taxed at Kshs. 134,275/=
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF OCTOBER, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 26. 10. 2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 10. 2023HON. BEATRICE SAWE MEMBER SIGNED 26. 10. 2023HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 10. 2023HON. PHILIP GICHUKI MEMBER SIGNED 26. 10. 2023HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 10. 2023HON. PAUL AOL MEMBER SIGNED 26. 10. 2023Karia advocate for the Claimant.Mutuma advocate for Respondent – No appearanceRuling as read out.