[2021] KECPT 550 (KLR)
The Tribunal found that the Claimant's Bill of Costs was properly served and that the Respondents failed to file any response or submissions despite being given an opportunity. The Tribunal assessed the Bill of Costs under Schedule II of the Remuneration Orders, finding that the matter did not involve complex issues...
Source-derived case information.
- Citation
- [2021] KECPT 550 (KLR)
- Parties
- Applicant: Philemon Kibet Sang; Respondent: Evans Tuigong (The Manager); Respondent: Chairman Kabiyet Savings & Credit Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 255 of 2018
- Procedural Posture
- Bill of Costs Taxation / Ruling on Taxation of Bill of Costs
- Outcome
- Claimant's Bill of Costs taxed and allowed as presented, with interest.
- Legal Topics
- Taxation of Costs, Remuneration Orders, Party and Party Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philemon Kibet Sang
Applicant
Evans Tuigong (The Manager)
Respondent
Chairman Kabiyet Savings & Credit Society Limited
Respondent
Procedural Posture
Bill of Costs Taxation / Ruling on Taxation of Bill of Costs
Legal Issues
- 1 Whether the Claimant's Bill of Costs should be taxed as presented.
- 2 Whether the Respondents are liable to pay the taxed costs and interest.
Ratio Decidendi
The Tribunal found that the Claimant's Bill of Costs was properly served and that the Respondents failed to file any response or submissions despite being given an opportunity. The Tribunal assessed the Bill of Costs under Schedule II of the Remuneration Orders, finding that the matter did not involve complex issues and the value of the subject matter was known. The Tribunal taxed the Bill of Costs at Kshs. 50,355 and awarded interest at 12% for two years, resulting in a total payable amount of Kshs. 62,440. The absence of opposition or submissions from the Respondents was a key factor in the decision to tax the Bill as presented.
Court Disposition
Claimant's Bill of Costs taxed and allowed as presented, with interest.
Orders
- The party and party Bill of Costs is taxed at Kshs. 50,355.
- Interest at 12% for two years (14/5/2018 to 14/5/2020) is awarded, totaling Kshs. 12,085.20.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO.255 OF 2018
PHILEMON KIBET SANG……….............…..............................................……..........CLAIMANT
VERSUS
EVANS TUIGONG (THE MANAGER) ............................................................1ST RESPONDENT
CHAIRMAN KABIYET SAVINGS & CREDIT SOCIETY LIMITED .........2ND RESPONDENT
RULING
The matter for determination is the Claimant’s Bill of costs dated 4. 11. 2020 filed on 19. 11. 2020, seeking taxation of the same. The Respondents were served with the taxation notice.
On 10. 12. 2020, the advocate for the Respondent sought time to file and serve a Response within 14 days and thereafter file written submissions. By the date of mention on 23. 3.2021, the Respondent had not filed any Response to the Bill of Costs and the matter was fixed for Ruling on 13. 5.2021. at the time of this Ruling, the Respondent had not filed a Response and neither party had filed written submissions.
We have considered the Bill of Costs as presented and taxed the same as follows under schedule II Remuneration Orders:
Item 1 instructions fees Kshs.23, 520/=
Items 2,7,8,9 and 15 @500/- Kshs. 2,500/=
Item 3 attending 1st hearing Kshs. 4,000/=
Item 4 was assessed @ 5100/- and paid
Item 5 was assessed @ 2100/- and paid
Item 6 attending subsequent hearing Kshs. 2,100/=
Item 10,11,12,13 and 14 service @ 3000/= Kshs.15, 000/=
Item 15 perusing judgment Kshs. 500/=
Items for disbursements Kshs. 3,235/=
Total Kshs. 50,355/=.
We find that the matter did not involve complex issues and the value of the subject matter was known. The party and party Bill of Costs is therefore accordingly taxed at Kshs.50, 355/= plus interest @ 12% for 2 years (14/5/2018 to 14/5/2020) (@ 6042. 60x2) =12. 085/20. Total amount payable is therefore Kshs.50, 355/= + 12085/20 total Kshs.62, 440/=.
Ruling read, signed, dated and delivered virtually this 13th day of May, 2021.
Hon. B. Kimemia Chairperson Signed 13. 5.2021
Hon. M. Mwatsama Deputy Chairperson Signed 13. 5.2021
Mr. Gitonga Kamiti Member Signed 13. 5.2021