[2024] KECPT 1402 (KLR)

[2024] KECPT 1402 (KLR)

The tribunal found that, in the absence of a response from the claimant, the Bill of Costs could be taxed based on the applicable provisions of the Advocate Remuneration Order. Each item was assessed according to the prescribed rates, with some items taxed at the amounts claimed, others at standard rates, and some...

Source-derived case information.

Citation
[2024] KECPT 1402 (KLR)
Parties
Applicant: Susan Atieno Onguko; Respondent: Afya Cooperative Savings & Credit Society Ltd; Respondent: Francis Agengo Anguko
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 100 of 2021
Procedural Posture
Bill of Costs / Taxation Ruling
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, Advocate Remuneration, Bill of Costs Assessment
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration 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

Susan Atieno Onguko

Applicant

Afya Cooperative Savings & Credit Society Ltd

Respondent

Francis Agengo Anguko

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 31.3.2023 should be taxed as presented in the absence of a response from the claimant.
  2. 2 What is the appropriate amount to be awarded under each item of the Bill of Costs according to the Advocate Remuneration Order.

Ratio Decidendi

The tribunal found that, in the absence of a response from the claimant, the Bill of Costs could be taxed based on the applicable provisions of the Advocate Remuneration Order. Each item was assessed according to the prescribed rates, with some items taxed at the amounts claimed, others at standard rates, and some at nil. The total amount taxed was Kshs. 131,070, inclusive of disbursements as prayed. The tribunal exercised its discretion to proceed with taxation in the absence of parties, ensuring compliance with the relevant legal framework.

Court Disposition

Bill of Costs taxed and allowed as assessed.

Orders

  • The Bill of Costs dated 31.3.2023 is taxed at Kshs. 131,070.
  • Disbursements are allowed as prayed.