[2023] KECPT 857 (KLR)
The Tribunal applied the Advocates Remuneration (Amended) Order 2014, Schedule II, and clause 5 to determine which items in the Bill of Costs were allowable. Items not permitted by the relevant clause were taxed off. The Tribunal assessed the allowable items at specified amounts, resulting in a total taxed amount of...
Source-derived case information.
- Citation
- [2023] KECPT 857 (KLR)
- Parties
- Applicant: Walter Njoroge Mwaura; Respondent: Metropolitan National Sacco Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 434 of 2020
- Procedural Posture
- Bill of Costs / Taxation Ruling
- Outcome
- Bill of Costs taxed at Kshs. 79,205.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Advocates Remuneration Order, Bill of Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Walter Njoroge Mwaura
Applicant
Metropolitan National Sacco Ltd
Respondent
Procedural Posture
Bill of Costs / Taxation Ruling
Legal Issues
- 1 Whether the items claimed in the Bill of Costs are allowable under the Advocates Remuneration (Amended) Order 2014.
- 2 What is the appropriate amount to be taxed for each item in the Bill of Costs.
Ratio Decidendi
The Tribunal applied the Advocates Remuneration (Amended) Order 2014, Schedule II, and clause 5 to determine which items in the Bill of Costs were allowable. Items not permitted by the relevant clause were taxed off. The Tribunal assessed the allowable items at specified amounts, resulting in a total taxed amount of Kshs. 79,205. The absence of submissions or objections from the respondent meant the applicant's Bill was considered on its merits and in accordance with the applicable legal framework.
Court Disposition
Bill of Costs taxed at Kshs. 79,205.
Orders
- The Bill of Costs dated 9.12.2022 is taxed at Kshs. 79,205.
- Items not allowed by clause 5 of the Advocates Remuneration (Amended) Order 2014 are taxed off.
Full Case Text
Judgment text and source record
17 paragraphs
Mwaura v Metropolitan National Sacco Ltd (Tribunal Case 434 of 2020) [2023] KECPT 857 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KECPT 857 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 434 of 2020
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
October 26, 2023
Between
Walter Njoroge Mwaura
Claimant
and
Metropolitan National Sacco Ltd
Respondent
Ruling
1. The matter for determination is a Bill of Cost dated 9. 12. 2022. The Respondent did not file written submissions despite extension of the orders on renewal occasions.The same is hereunder taxed as per the Advocates Remunerations (Amended) Order 2014 Schedule II:1. Item 1 Demand Letter item 4 filing of claim, item 6,7,9,11,12,13,14 (a and b),15 and 16 are hereby taxed off as they are not allowed by dint of clause 5. 2.Item 2 service, taxed at Kshs. 1400/=.3. Item 3, Instructions taxed at Kshs. 58,800/=, items 5,10 service of summons at Kshs. 1400/= each.4. Items on Attendance 17,18,19 each assessed at Kshs. 1400/= each.5. Item 20 and 21 Disbursements taxed at Kshs. 10,605/=.
2. We therefore find that the Bill of Cost is hereby taxed at Kshs. 79,205/=.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF OCTOBER, 2023. HON. BEATRICE KIMEMIACHAIRPERSONHON. J. MWATSAMADEPUTY CHAIRPERSONHON. BEATRICE SAWEMEMBERHON. FRIDAH LOTUIYAMEMBERHON. PHILIP GICHUKIMEMBERHON. MICHAEL CHESIKAWMEMBERHON. PAUL AOLMEMBER