[2021] KECPT 506 (KLR)
The Tribunal exercised its statutory discretion under Section 27 of the Civil Procedure Act to assess and amend the claimant's certificate of costs. Upon reviewing the items claimed, the Tribunal allowed only those costs that were supported by evidence and in accordance with the Advocates Remuneration Order 2014....
Source-derived case information.
- Citation
- [2021] KECPT 506 (KLR)
- Parties
- Claimant: Saida Yusuf; Respondent: Teleposta Sacco Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause 167 of 2020
- Procedural Posture
- Costs Application / Ruling on Certificate of Costs
- Outcome
- certificate of costs amended and assessed in favour of claimant
- Legal Topics
- Costs Assessment, Certificate of Costs, Advocates Remuneration Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saida Yusuf
Claimant
Teleposta Sacco Society Ltd
Respondent
Procedural Posture
Costs Application / Ruling on Certificate of Costs
Legal Issues
- 1 Whether the claimant's certificate of costs should be amended and assessed by the Tribunal.
- 2 What is the appropriate quantum of costs and interest payable to the claimant.
Ratio Decidendi
The Tribunal exercised its statutory discretion under Section 27 of the Civil Procedure Act to assess and amend the claimant's certificate of costs. Upon reviewing the items claimed, the Tribunal allowed only those costs that were supported by evidence and in accordance with the Advocates Remuneration Order 2014. The Tribunal amended the amounts for court fees, preparation, service of summons, and attendances, while declining unsupported miscellaneous claims. Interest was calculated and enhanced for the relevant period. The Tribunal found the respondent's counter-proposal insufficient and determined the appropriate quantum of costs and interest payable to the claimant, thereby amending...
Court Disposition
certificate of costs amended and assessed in favour of claimant
Orders
- Claimant's certificate of costs dated 12th April 2021 is amended as assessed by the Tribunal.
- Bill of costs assessed at Kshs. 45,154 plus interest from 31.10.2019 to May 2021.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE COOPERATIVE TRIBUNAL
AT NAIROBI
CTC CAUSE NO. 167OF 2020
SAIDA YUSUF ……………….......……………………………..…….CLAIMANT
VERSUS
TELEPOSTA SACCOO SOCIETY LTD…………………………..RESPONDENT
RULING
The matter for determination is the Claimant`s Certificate of Cost dated 12th April 2019 and filed on 15th April 2019. This certificate of costs was drawn in respect of CTC case no. 167 of 2020 where therein; -
i. Claimant on 19th June 2020 filed a statement of claim dated the same day.
ii. Respondent filed a statement of defence dated 3rd July 2020 and filed on 6th July 2020.
The matter was heard by the honorable Tribunal and appropriate orders made on 2/11/2020. When the matter came up on 3/3/21 to confirm compliance with said orders, the parties were directed by this honorable tribunal to agree on costs and interest. The claimant therefore filed the said certificate of cost claiming a total of Ksh49,838. When the matter came up on 10/5/21, the Respondent made a counter proposal of Ksh23,000 as total costs. The claimant opposed the said proposal and parties were directed to allow the Honorable Tribunal assess and amend the same.
The Honorable Tribunal is permitted under Section 27 of the Civil Procedure Act to award and assess costs, to this end, this Tribunal has critically analyzed claimant`s certificate of costs vis a vie the Advocates Remuneration Order 2014 pursuant to legal Notice 35 and makes the following amendments to the said certificate of cost;
Item 1: court fees on claim is hereby assessed and amended to Ksh4,900 being the assessed fee.
Item 2: preparation, typing, printing and photocopying is hereby assessed and amended to Ksh2,000.
Item 3: service of summons is granted as prayed at Ksh3,0000
Item 4: attendances and fare from Kajiado to Nairobi and back is granted as prayed for reasons that the claimant has been attending court.
Item 5: miscellaneous is hereby declined as the same is unsupported.
Item 6: interest is hereby assessed from 19th /6/2020 to May 2021 and enhanced to Ksh23,754.
The upshot of which claimant’s certificate of costs dated 12th April 2021 be and is hereby amended as follows; -
Bill of costs assessed at Kshs. 45,154/- plus interest from 31. 10. 2019 to May 2021.
Interest from 19. 6.2020 to May 2021
(11/12*12/100*21400+21400=23,754/=)
Bill of cost assessed at Kshs.23,754/-
Ruling signed, dated and delivered virtually this 27thday of May, 2021.
Hon. B. Kimemia Chairperson Signed 27. 5.2021
Hon. J. Mwatsama Deputy Chairperson Signed 27. 5.2021
Mr. P. Gichuki Member Signed 27. 5.2021
Tribunal Clerk Leweri
Saida Yusuf Claimant present in person
Maumbe on behalf of Respondent Present
Hon. B. Kimemia Chairperson Signed 27. 5.2021