[2023] KECPT 850 (KLR)

[2023] KECPT 850 (KLR)

The Tribunal found that the Bill of Costs was unopposed, and proceeded to tax the bill in accordance with Schedule II of the Advocates Remuneration Order. The Tribunal assessed each item, taxing off the instruction fees and allowing the other items as drawn, including attendances, service, and disbursements. The...

Source-derived case information.

Citation
[2023] KECPT 850 (KLR)
Parties
Applicant: Dr. Samuel K. Soi; Respondent: Moi University Sacco Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 169 of 2018
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed at Kshs. 186,585/=.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocates Remuneration Order, Bill of Costs, Disbursements, Instruction Fees
Source Language
en
Civil Procedure Costs Taxation Advocates Remuneration Order Bill of Costs Disbursements Instruction Fees

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Parties

Dr. Samuel K. Soi

Applicant

Moi University Sacco Limited

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Bill of Costs dated 16.2.2023 should be taxed as drawn in the absence of a response from the Respondent.
  2. 2 Whether the items claimed in the Bill of Costs are allowable under Schedule II of the Advocates Remuneration Order.

Ratio Decidendi

The Tribunal found that the Bill of Costs was unopposed, and proceeded to tax the bill in accordance with Schedule II of the Advocates Remuneration Order. The Tribunal assessed each item, taxing off the instruction fees and allowing the other items as drawn, including attendances, service, and disbursements. The total amount taxed was Kshs. 186,585/=. The absence of a response from the Respondent justified proceeding ex parte and taxing the bill based on the documentation provided by the Claimant.

Court Disposition

Bill of Costs taxed at Kshs. 186,585/=.

Orders

  • The Bill of Costs dated 16.2.2023 is taxed at Kshs. 186,585/=.