[2025] KECPT 231 (KLR)
The Tribunal found that Muguku Kimathi & Company Advocates was not on record for any party in the suit and that no costs had been awarded to any party represented by that firm. The bill of costs filed on 14th October 2024 was therefore without basis and was struck out. The Tribunal further held that the proceedings...
Source-derived case information.
- Citation
- [2025] KECPT 231 (KLR)
- Parties
- Applicant: James Kirobi Ndiba; Respondent: New Milimani Sacco; Respondent: Top Link Auctiooneers
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause 704 of 2016
- Procedural Posture
- Cause / Ruling on Bill of Costs and Closure of File
- Outcome
- Bill of costs struck out; proceedings of 14/09/2023 vacated; file closed with no orders as to costs.
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
- Legal Topics
- Costs Awards, Bill of Costs, Party Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kirobi Ndiba
Applicant
New Milimani Sacco
Respondent
Top Link Auctiooneers
Respondent
Procedural Posture
Cause / Ruling on Bill of Costs and Closure of File
Legal Issues
- 1 Whether the bill of costs filed by Muguku Kimathi & Company Advocates was properly before the Tribunal.
- 2 Whether any costs were awarded to a party represented by Muguku Kimathi & Company Advocates.
- 3 Whether the proceedings of 14/09/2023 were valid and should stand.
Ratio Decidendi
The Tribunal found that Muguku Kimathi & Company Advocates was not on record for any party in the suit and that no costs had been awarded to any party represented by that firm. The bill of costs filed on 14th October 2024 was therefore without basis and was struck out. The Tribunal further held that the proceedings of 14/09/2023 were erroneously conducted and were vacated. The file was marked as closed with no orders as to costs, as the matter had been concluded by consent on 5/08/2024, retaining the Tribunal's ruling of 30/11/2023 as final. Any subsequent filings or affidavits by persons not party to the suit or after the matter's determination were without jurisdiction and effect.
Court Disposition
Bill of costs struck out; proceedings of 14/09/2023 vacated; file closed with no orders as to costs.
Orders
- The bill of costs dated 14th October 2024 is struck out.
- The proceedings of the Tribunal taken on 14/09/2023 are declared erroneous and vacated.
Full Case Text
Judgment text and source record
20 paragraphs
Ndiba v New Milimani Sacco and Top Link Auctiooneers (Cause 704 of 2016) [2025] KECPT 231 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KECPT 231 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Cause 704 of 2016
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members
March 27, 2025
IN THE COOPERATIVE TRIBUNAL CAUSE 704 OF 2016 BM KIMEMIA, CHAIR, JANET MWATSAMA, VICE CHAIR, B SAWE, F LOTUIYA, P. GICHUKI & M CHESIKAW, MEMBERS
Between
James Kirobi Ndiba
Claimant
and
New Milimani Sacco and Top Link Auctiooneers
Respondent
Ruling
1. We have perused this record of the Tribunal on this matter and find that there is no application pending for determination. What we found pending for on record however is a bill of cost said to be filed by the Claimant on 14th October 2024. We however wish to clarify that the Claimant’s representatives in this matter were duly appointed Attorney Mr. Wanyoike and also the Claimant’s brother.The person indicated on the documents filed by Muguku kimathi and company advocates was not a party to the suit at any given time.
2. Whereas the interlocutory judgment was entered against both Respondent on 19/04/2022, the matter was subsequently dispensed with before formal proof, when parties recorded consent on 5/08/2024, thereby retaining the Tribunal Ruling delivered on 30/11/2023, as the final orders of the Tribunal.
3. The Replying Affidavit sworn by one Julius Kiburi Wambugu was filed after the suit was determined on matter upon which the Tribunal had no jurisdiction as no application listed for determination after 8/08/2024. Further the said Julius Kiburi wambugu was not a party to the suit and was not properly empowered to the suit before its determination.
4. We find that there were no orders by the Tribunal awarding costs to a party purportedly represented by the firm of Muguku kimathi and company advocates, upon which the said advocates would have a basis for filing the Bill of Cost dated 14th October, 2024 hence the same is hereby struck off, the proceeding of the Tribunal taken on 14/09/2023 are hereby declared erroneously and hereby vacated.File is marked as closed with no orders as to costs.
JUDGMENT SIGNED, DATED AND DELIVEREDVIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 3.2025Tribunal Clerk JonahMoguku advocate for 2nd RespondentKiara advocate for the 1st RespondentWayoki for ClaimantHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025