[2023] KECPT 909 (KLR)

[2023] KECPT 909 (KLR)

The Tribunal found that the Bill of Costs was served on the Respondents, who failed to respond or appear. Applying Schedule II of the Remuneration Order, the Tribunal exercised its discretion to tax the instruction fee at Kshs. 200,000/=, finding it reasonable for a management/election dispute with an unascertained...

Source-derived case information.

Citation
[2023] KECPT 909 (KLR)
Parties
Applicant: Henry R. Mwamba & 5 others; Respondent: Meru Central Dairy Cooperative Union & 7 others
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 49 of 2011
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed in favour of the Claimant at Kshs. 215,035/=
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Remuneration Order, Bill of Costs, Management Dispute, Election Dispute
Source Language
en
Civil Procedure Costs Taxation Remuneration Order Bill of Costs Management Dispute Election Dispute

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Parties

Henry R. Mwamba & 5 others

Applicant

Meru Central Dairy Cooperative Union & 7 others

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 10.5.2021 should be taxed as presented by the Claimant.
  2. 2 Whether the items claimed in the Bill of Costs are reasonable and supported by evidence.

Ratio Decidendi

The Tribunal found that the Bill of Costs was served on the Respondents, who failed to respond or appear. Applying Schedule II of the Remuneration Order, the Tribunal exercised its discretion to tax the instruction fee at Kshs. 200,000/=, finding it reasonable for a management/election dispute with an unascertained subject matter. Other items were taxed based on the Remuneration Order, with some items disallowed for lack of proof or duplication. The total taxed amount was Kshs. 215,035/=. The absence of opposition and the reasonableness of the claimed amounts were decisive in the Tribunal's ruling.

Court Disposition

Bill of Costs taxed in favour of the Claimant at Kshs. 215,035/=

Orders

  • The Bill of Costs dated 10.5.2021 is taxed at Kshs. 215,035/=