[2024] KECPT 225 (KLR)
The Tribunal found that the value of the subject matter could not be ascertained due to the nature of the claim. Accordingly, it exercised its discretion under the Advocates Remuneration Order to assess instruction fees and other costs. The Tribunal determined the matter to be of normal complexity, proceeded to...
Source-derived case information.
- Citation
- [2024] KECPT 225 (KLR)
- Parties
- Applicant: Madelyne Mwanika; Applicant: Carolyne Murenga; Respondent: Lodenyi Margaret Mbege; Respondent: Billy Masitsa Mugami; Respondent: Invest & Grow Sacco Society Limited (IG)
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 61 of 2020
- Procedural Posture
- Bill of Costs Application / Taxation Ruling
- Outcome
- Bill of Costs taxed at Kshs. 120,670 in favour of the 3rd Respondent.
- Judges
- BM Kimemia, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Advocates Remuneration Order, Party and Party Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madelyne Mwanika
Applicant
Carolyne Murenga
Applicant
Lodenyi Margaret Mbege
Respondent
Billy Masitsa Mugami
Respondent
Invest & Grow Sacco Society Limited (IG)
Respondent
Procedural Posture
Bill of Costs Application / Taxation Ruling
Legal Issues
- 1 Whether the 3rd Respondent's Party and Party Bill of Costs is properly computed and should be taxed as presented.
- 2 How instruction fees and other costs should be assessed in light of the nature and complexity of the claim.
Ratio Decidendi
The Tribunal found that the value of the subject matter could not be ascertained due to the nature of the claim. Accordingly, it exercised its discretion under the Advocates Remuneration Order to assess instruction fees and other costs. The Tribunal determined the matter to be of normal complexity, proceeded to hearing and judgment, and taxed the instruction fees at Kshs. 100,000. Attendance, service, and filing fees were taxed as per the relevant provisions of the Advocates Remuneration Order, resulting in a total taxed sum of Kshs. 120,670. The absence of opposition or appearance by the Claimants was noted, and the Bill of Costs was taxed as presented by the 3rd Respondent, subject to...
Court Disposition
Bill of Costs taxed at Kshs. 120,670 in favour of the 3rd Respondent.
Orders
- The 3rd Respondent's Party and Party Bill of Costs is taxed at Kshs. 120,670.
- No order as to appearance or further submissions, as parties were absent.
Full Case Text
Judgment text and source record
23 paragraphs
Mwanika & another v Mbege & 2 others (Tribunal Case 61 of 2020) [2024] KECPT 225 (KLR) (7 March 2024) (Ruling)
Neutral citation: [2024] KECPT 225 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 61 of 2020
BM Kimemia, Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
March 7, 2024
Between
Madelyne Mwanika
1st Claimant
Carolyne Murenga
2nd Claimant
and
Lodenyi Margaret Mbege
1st Respondent
Billy Masitsa Mugami
2nd Respondent
Invest & Grow Sacco Society Limited (IG)
3rd Respondent
Ruling
1. The matter for determination herein is the 3rd Respondent’s Party and Party Bill of Costs dated 6th April 2022 and filed at the Tribunal on 6th July 2023. The Bill was duly served to the Claimant’s advocate who did not file a response thereto. Determinationi.Instruction fees:The 3rd Respondent has charged Kshs. 132,000/= allegedly on a claimed based on a loan of Kshs. 2,500,000/= .We find that the value of the subject matter herein cannot be ascertained due to the nature of claim. We shall therefore consider the instructions fees and costs on other criteria as set out under Schedule II A (4) of the Advocate’s Remuneration Order.We find that this is a matter or normal complexity which proceeded to hearing and judgment. We therefore exercise our discretion to tax the instruction fees at Kshs. 100,000/=ii.Attendances:We have taxed the attendances as per clause 10 of part A of Schedule II of the Advocates Remuneration Order and in exercise of our discretion, tax the Attendance Costs as follows:On 7. 10. 2020 Kshs. 1200/=On 5. 11. 2020 Kshs. 500/=On 8. 12. 2020 Kshs. 1200/=On 11. 02. 2020 Kshs. 1200/=On 12. 05. 2020 Kshs. 1200/=On 13. 10. 2020 Kshs. 2100/=On 7. 12. 2021 Kshs. 2100/=On 7. 2.2022 Kshs. NIL ( no appearance by parties)On 7. 4.2022 Kshs. 500/=Total Kshs. 10,000/=iii.Service :We exercise our discretion and tax the costs of each service at Kshs. 2400/= thereby arriving at a total of Kshs. 9600/= under this head.iv.Filing fees:We tax the filing fees as charged at a total of Kshs. 1070/= the only variance being the cost of filing the Bill of costs which we tax at Kshs. 375/=.
ConclusionThe Bill of Costs is taxed at the total sum of Kshs. 120,670/=.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF MARCH, 2024. Hon. Beatrice Kimemia Chairperson Signed 7. 3.2024Hon. Beatrice Sawe Member Signed 7. 3. 2024Hon. Fridah Lotuiya Member signed 7. 3.2024Hon. Philip Gichuki Member Signed 7. 3.2024Hon. Michael Chesikaw Member Signed 7. 3.2024Hon. Paul Aol Member Signed 7. 3.2024Tribunal Clerk JemimahNo appearance by parties.Ruling delivered.Hon. Beatrice Kimemia Chairperson Signed 7. 3.2024