[2024] KECPT 1397 (KLR)

[2024] KECPT 1397 (KLR)

The Tribunal found that the Bill of Costs was properly served on the Respondent, who failed to file any response or submissions within the time allowed. The Tribunal proceeded to tax the Bill of Costs in accordance with the Advocate Remuneration Order, allowing only those items that were supported by sufficient...

Source-derived case information.

Citation
[2024] KECPT 1397 (KLR)
Parties
Applicant: Fredrick Otieno Ngesa; Respondent: Jumuika Savings and Credit Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case E008 of 2021
Procedural Posture
Bill of Costs Application / Taxation Ruling
Outcome
Bill of Costs taxed at Kshs. 76,650 in favour of the Claimant.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocate Remuneration, Bill of Costs, Default Judgment
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration Bill of Costs Default Judgment

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Parties

Fredrick Otieno Ngesa

Applicant

Jumuika Savings and Credit Society Limited

Respondent

Procedural Posture

Bill of Costs Application / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 21.11.2023 should be taxed as presented in the absence of a response or submissions from the Respondent.
  2. 2 Whether the items claimed in the Bill of Costs are supported by sufficient proof as required by the Advocate Remuneration Order.

Ratio Decidendi

The Tribunal found that the Bill of Costs was properly served on the Respondent, who failed to file any response or submissions within the time allowed. The Tribunal proceeded to tax the Bill of Costs in accordance with the Advocate Remuneration Order, allowing only those items that were supported by sufficient proof and taxing others at nil where proof was lacking. The total amount taxed was Kshs. 76,650. The absence of a response from the Respondent did not preclude the Tribunal from proceeding to determine the application on its merits.

Court Disposition

Bill of Costs taxed at Kshs. 76,650 in favour of the Claimant.

Orders

  • The Bill of Costs dated 21.11.2023 is taxed at Kshs. 76,650.
  • Items 14, 15, 17, 18, and 19 are taxed at nil for lack of proof.