[2024] KECPT 1399 (KLR)

[2024] KECPT 1399 (KLR)

The tribunal found that the Bill of Costs was properly presented and, in the absence of any submissions or contestation from the respondent, proceeded to tax the bill in accordance with Schedule II of the Advocate Remuneration Order. Each item was considered and taxed as appropriate, resulting in a total taxed...

Source-derived case information.

Citation
[2024] KECPT 1399 (KLR)
Parties
Applicant: Janet Wawira Njoka; Respondent: NHIF Savings & Credit Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 43 of 2020
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed as per ruling.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocate Remuneration Order, Bill of Costs Assessment
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration Order Bill of Costs Assessment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Janet Wawira Njoka

Applicant

NHIF Savings & Credit Society Limited

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 12.6.2023 should be taxed as presented by the applicant.
  2. 2 Whether the respondent's failure to file submissions affects the taxation outcome.

Ratio Decidendi

The tribunal found that the Bill of Costs was properly presented and, in the absence of any submissions or contestation from the respondent, proceeded to tax the bill in accordance with Schedule II of the Advocate Remuneration Order. Each item was considered and taxed as appropriate, resulting in a total taxed amount of Kshs. 117,370. The respondent's failure to file submissions did not preclude the tribunal from proceeding with the taxation and issuing its ruling.

Court Disposition

Bill of Costs taxed and allowed as per ruling.

Orders

  • The Bill of Costs dated 12.6.2023 is taxed at Kshs. 117,370.
  • The respondent to pay the taxed costs to the applicant.