[2020] KECPT 87 (KLR)
The Tribunal considered the Bill of Costs, the Claimant's response, the Garnishee's reply, and the Respondent's submissions. Applying the Advocates Remuneration Order and exercising its discretion, the Tribunal allowed only those items it found reasonable and necessary, disallowing others that were excessive or...
Source-derived case information.
- Citation
- [2020] KECPT 87 (KLR)
- Parties
- Claimant: Thomas Mongáre Nyambane; Respondent: Wasike Bonee Simiyu; Garnishee: United Nations SACCO Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 816 of 2017
- Procedural Posture
- Party and Party Bill of Costs / Taxation Ruling
- Outcome
- Bill of Costs taxed and allowed in the sum of Kshs. 19,170.00.
- Legal Topics
- Taxation of Costs, Party and Party Costs, Garnishee Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mongáre Nyambane
Claimant
Wasike Bonee Simiyu
Respondent
United Nations SACCO Society Ltd
Garnishee
Procedural Posture
Party and Party Bill of Costs / Taxation Ruling
Legal Issues
- 1 Whether the items claimed in the Garnishee's Party and Party Bill of Costs are allowable and reasonable under the applicable law.
- 2 What amount should be taxed and allowed as costs to the Garnishee.
Ratio Decidendi
The Tribunal considered the Bill of Costs, the Claimant's response, the Garnishee's reply, and the Respondent's submissions. Applying the Advocates Remuneration Order and exercising its discretion, the Tribunal allowed only those items it found reasonable and necessary, disallowing others that were excessive or unjustified. The Tribunal assessed instruction fees at Kshs. 14,000.00 and taxed other items as specified, resulting in a total award of Kshs. 19,170.00 in costs to the Garnishee.
Court Disposition
Bill of Costs taxed and allowed in the sum of Kshs. 19,170.00.
Orders
- The Garnishee's Party and Party Bill of Costs is taxed and allowed at Kshs. 19,170.00.
- A certified copy of the order to be supplied upon payment.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 816 OF 2017
THOMAS MONGÁRE NYAMBANE...........................................CLAIMANT
VERSUS
WASIKE BONEE SIMIYU.........................................................RESPONDENT
AND
UNITED NATIONS SACCO SOCIETY LTD...................................GARNISHEE
RULING
What is before us for taxation is the Garnishee’s Party and Party Bill of costs dated 06/12/2019. It is for Kshs. 151,982. 60.
We have considered the Bill and the following representations by the parties:
a. Claimant’s Response dated 20th January, 2020;
b. Garnishee’s Reply to Claimant’s Response dated 10th February, 2020; and
c. Respondent’s Written submissions dated 17/02/2020
We thus assess the bill as hereunder:
1. Item 1-Instruction fees: Assessed at Kshs. 14,000. 00;
2. Items 2-4 (b), 5-9, 14-15 and 17-Disallowed;
3. Item 4 (c)- Taxed as drawn;
4. Item 10-taxed at Kshs. 2,100. 00;
5. Item 11-taxed at Kshs. 500. 00;
6. Item 12-taxed at Kshs. 500. 00;
7. Item 13-taxed at Kshs. 500. 00;
8. Item 16-taxed at Kshs. 500. 00;
9. Item 18 (a) –(d)-taxed at Kshs. 50, 70, 500 and 150 respectively.
TOTALKshs. 19,170. 00
Read and delivered in an open court this 4th day of March, 2020.
In the presence of ;-
Claimant : Getange Advocate for Judgment Creditor
Respondent : Wachira holding brief for Mrs Wachira for Garnishee
Court Assistant : Raphael Leweri
Hon. B. Kimemia - Chairman Signed
Hon. F. Terer - Deputy Chairman Signed
P. Gichuki - Member Signed
Hon. B. Kimemia
Chairman Signed 4. 3.2020
Getange Advocate for Judgment Creditor –I pray for certified copy.
Order-to be supplied on payment.
Hon. B. Kimemia
Chairman Signed 4. 3.2020