[2023] KECPT 849 (KLR)

[2023] KECPT 849 (KLR)

The Tribunal found that, in the absence of any response or objection to the Bill of Costs dated January 28, 2022, the bill should be taxed strictly in accordance with the Advocates Remuneration Order, Schedule II. The Tribunal assessed the instruction fees, service of summons, attendances, and disbursements as per...

Source-derived case information.

Citation
[2023] KECPT 849 (KLR)
Parties
Applicant: Leah Njeri & 6 others; Respondent: Gregory Mabongah Naulikha; Interested Party: Hazina Sacco Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 183 of 2019
Procedural Posture
Bill of Costs / Ruling on Taxation of Bill of Costs
Outcome
Bill of Costs taxed and allowed as assessed.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocates Remuneration Order, Instruction Fees, Service of Summons
Source Language
en
Civil Procedure Costs Taxation Advocates Remuneration Order Instruction Fees Service of Summons

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Parties

Leah Njeri & 6 others

Applicant

Gregory Mabongah Naulikha

Respondent

Hazina Sacco Society Limited

Interested Party

Procedural Posture

Bill of Costs / Ruling on Taxation of Bill of Costs

Legal Issues

  1. 1 Whether the Bill of Costs dated January 28, 2022 should be taxed as presented.
  2. 2 Whether the items claimed in the Bill of Costs are in accordance with the Advocates Remuneration Order.

Ratio Decidendi

The Tribunal found that, in the absence of any response or objection to the Bill of Costs dated January 28, 2022, the bill should be taxed strictly in accordance with the Advocates Remuneration Order, Schedule II. The Tribunal assessed the instruction fees, service of summons, attendances, and disbursements as per the applicable scale, resulting in a total taxed amount of Kshs. 125,980. The Tribunal's decision was based on the principle that unopposed bills are taxed as drawn to scale, and any items not in compliance with the scale are taxed off.

Court Disposition

Bill of Costs taxed and allowed as assessed.

Orders

  • The Bill of Costs dated January 28, 2022 is taxed and allowed at Kshs. 125,980.