[2024] KECPT 238 (KLR)
The Tribunal determined that the ascertainable value of the subject matter was Kshs. 3,590,134, comprising general damages and dividend refunds for specified years, as opposed to the higher value claimed by the applicant. The Tribunal exercised its discretion, considering the complexity and importance of the...
Source-derived case information.
- Citation
- [2024] KECPT 238 (KLR)
- Parties
- Applicant: Regency Coop Savings & Credit Society Limited; Respondent: Coop Holdings Coop Society Limited; Respondent: Mary Wanjiru Kihugu; Respondent: John Mbugua Njenga; Respondent: Lucy Gicuku Maina; Respondent: Francis Kimani; Respondent: David Githinji Wanjohi; Respondent: Mary Jesire Kipyegon
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 431 of 2016
- Procedural Posture
- Bill of Costs Taxation / Ruling on Taxation of Bill of Costs
- Outcome
- Claimant's bill of costs taxed and allowed in the sum of Kshs. 376,405.
- Judges
- BM Kimemia, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Taxation of Costs, Advocates Remuneration, Instruction Fees, Filing Fees, Attendance Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regency Coop Savings & Credit Society Limited
Applicant
Coop Holdings Coop Society Limited
Respondent
Mary Wanjiru Kihugu
Respondent
John Mbugua Njenga
Respondent
Lucy Gicuku Maina
Respondent
Francis Kimani
Respondent
David Githinji Wanjohi
Respondent
Mary Jesire Kipyegon
Respondent
Procedural Posture
Bill of Costs Taxation / Ruling on Taxation of Bill of Costs
Legal Issues
- 1 What is the correct ascertainable value of the subject matter for purposes of taxing instruction fees in the claimant's bill of costs.
- 2 Which items in the bill of costs are properly allowable or disallowable under the Advocates' Remuneration Order 2014.
Ratio Decidendi
The Tribunal determined that the ascertainable value of the subject matter was Kshs. 3,590,134, comprising general damages and dividend refunds for specified years, as opposed to the higher value claimed by the applicant. The Tribunal exercised its discretion, considering the complexity and importance of the proceedings, to tax instruction fees at Kshs. 300,000. Several items in the bill of costs were disallowed as they were already covered under instruction fees or not allowable under the Advocates' Remuneration Order. The Tribunal itemized allowable service, attendance, and filing charges, resulting in a total taxed sum of Kshs. 376,405. The ruling was grounded in the relevant clauses...
Court Disposition
Claimant's bill of costs taxed and allowed in the sum of Kshs. 376,405.
Orders
- The claimant’s bill of costs dated September 8, 2022 is taxed at the total sum of Kshs. 376,405.
- Instruction fees taxed at Kshs. 300,000.
Full Case Text
Judgment text and source record
41 paragraphs
Regency Coop Savings & Credit Society Limited v Coop Holdings Coop Society Limited & 6 others (Tribunal Case 431 of 2016) [2024] KECPT 238 (KLR) (7 March 2024) (Ruling)
Neutral citation: [2024] KECPT 238 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 431 of 2016
BM Kimemia, Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
March 7, 2024
Between
Regency Coop Savings & Credit Society Limited
Claimant
and
Coop Holdings Coop Society Limited
1st Respondent
Mary Wanjiru Kihugu
2nd Respondent
John Mbugua Njenga
3rd Respondent
Lucy Gicuku Maina
4th Respondent
Francis Kimani
5th Respondent
David Githinji Wanjohi
6th Respondent
Mary Jesire Kipyegon
7th Respondent
Ruling
1. The Claimant’s Bill of costs herein dated September 8, 2022 filed on November 28, 2022 is before us for determination.
Determination I.Instruction fees: i.The claimant has stated the value of the subject matter as Kshs. 22,718,542/= and charged instruction fees at Kshs. 850,000/=.
2We differ with the respondent and state the ascertainable value of the subject matter as follows:General damages Kshs. 2,000,000/=Dividend refund 2009-2014 Kshs. 1,015,851/=Dividend for 2015 Kshs. 574,283/=Total Kshs. 3,590,134/=.
3If dividends were proved as declared in respect to the years 2016-2020, nothing would have been easier for this tribunal than to declare the payable amounts as it did for the year 2015. The use of the words “purportedly due to the 2nd, 3rd 4th 5th 6th and 7th respondents held in the respondent society to the Claimant” do not connote certainty, as at the date of the Tribunal’s decision.
4On account the ascertained value and other considerations such as the fairly complex nature and importance of the proceeding, the Counter- Claim. We exercise our discretion and tax the instruction fees at Kshs. 300,000/= in terms of clause 3 of Part A of schedule II of the Advocate’s Remuneration Order 2014.
ii.Item 3, 4, 55 and 82 on the Bill of Costs are declined for the reason that the same are included in the instruction fees, in terms of clause 5 of Part A of schedule II of the Advocate’s Remuneration Order 2014.
iii.Further drawing and/or perusing charges under items numbered 6,8,16,17,18,20,21,22,23, 25, 26,31,32,33,36,38,39,483,45,46,47,48,49,50,53,54,58,60,63,66,68,69,72,78,80,81,86,87 and 90 of the Bill of costs are hereby declined in terms of clause 5 of Part A of Schedule II of the Advocates’ Remuneration Order 2014.
iv.The charges for service under item 5 of the Bill of costs are allowed at Kshs. 15,000/=.
v.Service charges under items 9,10,11,12,13,14,15,27,28,29,30,34,35,42,44,51,52,57,61,62,70,71,79 and 85 of the Bill of Costs are taxed at the rate of Kshs. 1400/= each, all totaling to Kshs. 33,600/=.
vi.Attendance charges falling under items 37, 40, 41,59,64,65,83,84,88,89,91 of the Bill of Costs are taxed at Kshs. 500/= each all totaling to Kshs. 5,500/=.
vii.Attendance charges are taxed as follows:Item 19, on 25. 8.2016 at Kshs. 2100/=Item 24, on 13. 9.2016 at Kshs. 1200/=Item 73, on 24. 1.2018 at Kshs. 1200/=Item 74, on 5. 4.2018 at Kshs. 2100/=Item 75 on 5. 4.2018 at Kshs. 2100/=Item 76 on 21. 6.2018 at Kshs. 2100/=Item 77 on 30. 8.2018 at Kshs. 4000/=The total under these items is Kshs. 13,900/=
viii.The attendance charges under item 112 are disallowed.
ix. Filing feesa.Filing fees charged under item 92 are taxed at Kshs. 6,790/=.b.Filing fees charged under items 93,4,95,96,97,99,100,101,102,103,104,106,107,108 and 110 are allowed at Kshs. 50/= each, all totaling to Kshs. 750/=.c.Filing fees charged under items 98 and 109 are allowed at Kshs. 75 each totaling to Kshs. 150/=.d.Filing fees under item 105 are taxed at Kshs. 340/=.e.Filing fees under item III taxed at Kshs. 375/=.
2We hereby order the claimant’s bill of costs dated September 8, 2022 as taxed at the total sum of Kshs. 376,405/=.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF MARCH, 2024. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 7. 3.2024HON. BEATRICE SAWE MEMBER SIGNED 7. 3. 2024HON. FRIDAH LOTUIYA MEMBER SIGNED 7. 3.2024HON. PHILIP GICHUKI MEMBER SIGNED 7. 3.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 7. 3.2024HON. PAUL AOL MEMBER SIGNED 7. 3.2024Tribunal Clerk JemimahBwire advocate for 1st RespondentThieri holding brief for Nyarango for Claimant/ApplicantHON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 7. 3.2024