[2021] KEBPRT 234 (KLR)
The Tribunal determined that the respondents were entitled to costs following the withdrawal of the reference by the applicant. The assessment of the bill of costs was conducted in accordance with Schedule VIII of the Advocates Remuneration (Amendment) Order, 2014. The instruction fee was computed based on the...
Source-derived case information.
- Citation
- [2021] KEBPRT 234 (KLR)
- Parties
- Applicant: Samuel Nyambane t/a Metrix Educational Centre and Computer Training; Respondent: Sannex Enterprises Auctioneers; Respondent: Tysons Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 111 of 2021
- Procedural Posture
- Bill of Costs / Taxation Ruling
- Outcome
- respondents' bill of costs taxed at Kshs.52,100/-
- Legal Topics
- Costs Assessment, Taxation of Costs, Withdrawal of Reference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Nyambane t/a Metrix Educational Centre and Computer Training
Applicant
Sannex Enterprises Auctioneers
Respondent
Tysons Limited
Respondent
Procedural Posture
Bill of Costs / Taxation Ruling
Legal Issues
- 1 Whether the respondents' bill of costs should be taxed and at what amount.
- 2 Which items in the bill of costs are allowable under the applicable schedule.
- 3 What is the appropriate instruction fee based on the arrears in question.
Ratio Decidendi
The Tribunal determined that the respondents were entitled to costs following the withdrawal of the reference by the applicant. The assessment of the bill of costs was conducted in accordance with Schedule VIII of the Advocates Remuneration (Amendment) Order, 2014. The instruction fee was computed based on the arrears amount of Kshs.372,030/- as at 31st January 2021, resulting in an allowed instruction fee of Kshs.35,000/-. Several items in the bill were taxed off where they were either duplicative or not applicable due to no hearing taking place. Disbursements were allowed in full. The total amount taxed off was Kshs.18,500/-, and the respondents' bill of costs was ultimately taxed at...
Court Disposition
respondents' bill of costs taxed at Kshs.52,100/-
Orders
- The respondents' bill of costs is taxed at Kshs.52,100/-.
- The total amount taxed off is Kshs.18,500/-.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 111 OF 2021
(NAIROBI)
SAMUEL NYAMBANE T/A METRIX EDUCATIONAL CENTRE
AND COMPUTER TRAINING……………….………………….TENANT/APPLICANT
VERSUS
SANNEX ENTERPRISES AUCTIONEERS.........1ST RESPONDENT/AUCTIONEERS
TYSONS LIMITED……………………..........………..2ND RESPONDENT/LANDLORD
RULING
1. The landlord has moved this Tribunal by a bill of costs dated 16th June 2021 seeking for assessment of costs pertaining to the instant reference.
2. The schedule applicable for purposes of assessment of the said costs is schedule VIII of the Advocates Renumeration (Amendment) order, 2014.
3. The reference herein was on 13th May 2021 marked as withdrawn with costs to the Respondents.
4. The amount indicated to have been in arrears is Kshs.372,030/- as at 31st January 2021 which I will use as the basis for computing instructions fee at Kshs.35,000/-. I therefore allow item 1 of the bill as prayed.
5. I tax off item 2 as the same has already been catered for under item 1.
6. I shall allow a sum of Kshs.1400/- in respect of items 3 & 4 and tax off Kshs.700/- from each item since no hearing took place on both days.
7. Items 5,6,7,8,10 and 11 are allowed as prayed.
8. A sum of Kshs. 700/- is taxed off from item 12.
9. Items 13 and 14 are allowed as prayed.
10. Item 15 is assessed at Kshs.1400/- and I therefore tax off Kshs.700/-.
11. All items on disbursements are hereby allowed.
12. The total amount taxed off is Kshs.18,500/-.
13. The Respondents’ bill of costs is therefore taxed at Kshs.52,100/-.
It is so ordered.
DATED, SIGNED & DELIVERED THIS 13TH DAY OF SEPTEMBER 2021.
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
Ruling read in the absence of the parties.
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL