[2021] KECPT 514 (KLR)
The Tribunal found that it had jurisdiction to assess and tax the claimant's Bill of Costs under Section 27 of the Civil Procedure Act. Applying Schedule 11 of the Advocates Remuneration Order 2014, the Tribunal scrutinized each item claimed, allowing only those specifically provided for under the schedule and...
Source-derived case information.
- Citation
- [2021] KECPT 514 (KLR)
- Parties
- Applicant: Steven Songa Matikho; Respondent: Ken-Kaz Saccoo Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause 464 of 2016
- Procedural Posture
- Bill of Costs Application / Ruling on Taxation of Costs
- Outcome
- claimant's bill of costs partially allowed and taxed off
- Legal Topics
- Taxation of Costs, Advocates Remuneration Order, Bill of Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Steven Songa Matikho
Applicant
Ken-Kaz Saccoo Society Ltd
Respondent
Procedural Posture
Bill of Costs Application / Ruling on Taxation of Costs
Legal Issues
- 1 Whether the Tribunal should assess and tax off the claimant's Bill of Costs.
- 2 What is the proper assessment and amount to be taxed off from the claimant's Bill of Costs.
Ratio Decidendi
The Tribunal found that it had jurisdiction to assess and tax the claimant's Bill of Costs under Section 27 of the Civil Procedure Act. Applying Schedule 11 of the Advocates Remuneration Order 2014, the Tribunal scrutinized each item claimed, allowing only those specifically provided for under the schedule and disallowing items that were either not provided for or already included in the instruction fee. The Tribunal exercised its discretion in assessing the amounts, considering the nature of the proceedings, the consent judgment, and the absence of a hearing. The final taxed amount was determined to be Ksh.27,880, with interest calculated from the date of filing, resulting in a total...
Court Disposition
claimant's bill of costs partially allowed and taxed off
Orders
- Claimant's Bill of Costs dated 27th May 2019 is assessed and taxed off at Ksh.27,880.
- Claimant is awarded a total amount of Ksh.43,772 inclusive of interest from the date of filing suit.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE COOPERATIVE TRIBUNAL AT NAIROBI
CTC CAUSE NO. 464 OF 2016
STEVEN SONGA MATIKHO...............................................CLAIMANT
VERSUS
KEN-KAZ SACCOO SOCIETY LTD..............................RESPONDENT
RULING
The matter for determination is the Claimant`s Bill of Cost dated 27th May 2019 and filed on 4th September 2019. The Respondent opposed the said Bill of Cost vide their reply dated 21st August 2020 and filed on 24th August 2020. Parties were directed to file and serve their written submissions and only the claimant filed his written submissions dated 11th September 2020 on 12th October 2020.
We have critically analyzed Claimant`s Bill of Cost together with his submissions and the issues that commend themselves for determination are just two; -
i. Whether this Honorable Tribunal should assess and tax off claimant`s Bill of Cost? and if so,
ii. What is the assessment and amount taxed off from Claimant`s Bill of Costs?
Whether this Honorable Tribunal should assess and tax off Claimant`s Bill of Cost.
Claimant`s Bill of Cost has a total of sixteen (16) items for which this Tribunal is invited to assess and tax off. The claimant through his advocates on record claims a cost of Ksh.76,640 /- as costs over CTC 464 of 2016 where therein the Claimant file a statement of claim dated 11th August, 2016 to which the Respondent filed a reply dated 10th July 2018. The matter was eventually disposed off by way of a consent judgment adopted by the Tribunal on 31st July,2018.
On the face record, therefore, it is clear and undisputed that the matter was before the Tribunal hence by the dints of Section 27 of the Civil Procedure Act laws of Kenya, this Tribunal has the powers to assess and tax off claimant`s Bill of Cost dated 27th May 2019.
What is the assessment and amount taxed off from Claimant`s Bill of Cost
It is trite law that Bill of Costs are drawn and assessed pursuant to the Advocates Remuneration Order and particularly Schedule 11 which provides for this Tribunal among others other than those mentioned in schedule 8 and 9. It is this schedule 11 of the Advocates Remuneration Order 2014pursuant to Legal Notice No. 35 that shall guide our assessment.
a. Item 1; the schedule do not provide for instruction to issue notice and service, the same is disallowed.
b. Item 2; the schedule under Rule 8(a) and assess and tax off this item at Ksh.23,520/=.
On our discretion we have considered the negotiations undertaken by the parties.
c. Items 3, 7, 8, 9, 10, 12, 13 and 14 are all declined as the same are all inclusive in the instruction fee subject to Rule 5 of the schedule 11 of the Advocates Remuneration Order 2014. Further, in respect to item 12, the Tribunal note that the Claimant was served with the documents mentioned therein hence the perusals were unjustified.
d. Item 4 is declined for reasons that schedule 11 do not provide for the same.
e. Item 5 and 6 are assessed and taxed off at Kshs. 500 and Ksh.3,310 respectively as informed by Rule 10(a) of the schedule and receipt on record total kshs.3810/=, for item 11 is granted at kshs.500 for attendance to requtry and Kshs.50/= fees total kshs.550/=.
f. Items 15 and 16 are declined for reasons that there was no hearing and as pointed out early, the parties entered a judgment on admission.
The upshot of which the claimant`s Bill of Costs dated 27th May 2018 is hereby assessed and taxed off at Ksh.27,880/= plus interest from date of filing suit on 15. 8.16 that is, 57 months to date.
(57months/12*12/100*27880+27880=43,772/=)
Total amount awarded Kshs.43,772/=.
Ruling signed, dated and delivered virtually this 27th day of May, 2021.
Hon. B. Kimemia Chairperson Signed 27. 5.2021
Hon. J. Mwatsama Deputy Chairperson Signed 27. 5.2021
P. Gichuki Member Signed 27. 5.2021
Tribunal Clerk Leweri
No appearance for Respondent and Claimant.
Hon. B. Kimemia Chairperson Signed 27. 5.2021