[2023] KEBPRT 363 (KLR)
The tribunal found that the landlord's bill of costs was generally within the reasonable confines of the law, with most items taxed as claimed except for the instruction fees and hearing attendance, which were reduced to reflect the lack of complexity and the actual time spent. The tribunal applied the relevant...
Source-derived case information.
- Citation
- [2023] KEBPRT 363 (KLR)
- Parties
- Applicant: Caroline Wambui, Laban Chege, Kennedy Muchuki, Mary Maina, Juliet Wangechi, Jotham Irungu, Peter Njuguna; Respondent: Julius Mwangi Njuguna
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E715 of 2022
- Procedural Posture
- Miscellaneous Application / Taxation of Costs
- Outcome
- bill_of_costs_taxed
- Judges
- A Muma
- Legal Topics
- Taxation of Costs, Landlord Tenant Disputes, Party and Party Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Wambui, Laban Chege, Kennedy Muchuki, Mary Maina, Juliet Wangechi, Jotham Irungu, Peter Njuguna
Applicant
Julius Mwangi Njuguna
Respondent
Procedural Posture
Miscellaneous Application / Taxation of Costs
Legal Issues
- 1 Whether the landlord's party and party bill of costs dated 10th February 2023 is reasonable and within the confines of the law.
- 2 Whether the amounts claimed under each item in the bill of costs are justified and in accordance with the Advocates Remuneration Order.
Ratio Decidendi
The tribunal found that the landlord's bill of costs was generally within the reasonable confines of the law, with most items taxed as claimed except for the instruction fees and hearing attendance, which were reduced to reflect the lack of complexity and the actual time spent. The tribunal applied the relevant provisions of the Advocates Remuneration Order, 2014, ensuring that the amounts awarded were fair, reasonable, and in accordance with the prescribed scales. The tribunal concluded that the total costs to be awarded to the landlord should be Kshs 84,000, as this amount accurately reflected the work done and the applicable legal standards.
Court Disposition
bill_of_costs_taxed
Orders
- The Tribunal taxes the Landlord’s party and party bill of costs dated 10th February 2023 at Kshs 84,000.
- The Tenants shall pay the costs within 60 days from the date of being served with a certified copy of the order.
Full Case Text
Judgment text and source record
56 paragraphs
Wambui & 6 others v Njuguna (Tribunal Case E715 of 2022) [2023] KEBPRT 363 (KLR) (Civ) (22 May 2023) (Ruling)
Neutral citation: [2023] KEBPRT 363 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E715 of 2022
Andrew Muma, Vice Chair
May 22, 2023
Between
Caroline Wambui
1st Tenant
Laban Chege
2nd Tenant
Kennedy Muchuki
3rd Tenant
Mary Maina
4th Tenant
Juliet Wangechi
5th Tenant
Jotham Irungu
6th Tenant
Peter Njuguna
7th Tenant
and
Julius Mwangi Njuguna
Landlord
Ruling
A. Parties and their Representative 1. The Applicants are the Tenants of the suit premises in this matter and occupy Plot No 139877, Plot C within Thika Sub-County.
2. The Firm of Kanyi Kiruchi & Co Advocates represents the Applicant in this matter.
3. The Respondent is the Landlord and owner of the suit premises rented out to the Tenants.
4. The Firm of Ojienda & Co Advocates represents the Landlord/Respondent in this matter.
B. The Dispute Background 5. On August 4, 2022 the Tenants filed a Reference and a Notice of Motion application of even date seeking orders to stop the Landlord’s alleged unlawful eviction and harassment from the suit property.
6. In response, the Landlord filed Grounds of Opposition dated August 24, 2022 claiming inter alia that the Tenant’s Reference is res judicata and that this Tribunal lacks jurisdiction to hear and determine the same.
7. On January 18, 2023 the Tribunal gave orders upholding the Grounds of Opposition dated August 24, 2022 while dismissing the Tenant’s Notice of Motion dated August 4, 2022 with costs to the Landlord.
8. The Landlord filed a party and party bill of costs dated February 10, 2023 which Bill is drawn to the sum of Kshs 93,500. 00
9. The only business remaining for this Tribunal to determine in relation to this matter is the quantum of costs to be awarded to the Landlord. Having taken note of the guiding principles of taxation, the Tribunal now proceeds to determine the computation of each item as follows;Item Date Particulars Amount Charged(Applicants) Amount Taxed Off (tribunal)
1. 15. 8.2022 Receiving instructions to defend Tenant’s application dated 4th August 2022 77,600 69,900
2. 15. 8.2022 Drawing Preliminary Objection dated 15. 8.2022 1,000 1,000
3. 15. 8.2022 Attending the registry to file the Preliminary Objection dated 15. 8.2022 1,000 1,000
4. 15. 5.2022 Service upon the Tenant’s Advocate 1,400 1,400
5. 24. 8.2022 Drawing Notice of Motion Application dated 24. 8.2022 and Grounds of Opposition 1,000 1,000
6. 24. 8.2022 Attending the registry to file the Notice of Motion dated 24. 8.2022 1,000 1,000
7. 24. 8.2022 Service upon the Tenant’s Advocate 1,400 1,400
8. 6. 10. 2022 Attending Court for hearing 3,000 3,000
9. 30. 11. 2022 Attending Court for hearing of the Landlord’s Preliminary Objection 4,000 2,100
10. 14. 7.2022 Attending Court for ruling on the Landlord’s Preliminary Objection 2,100 2,100
Grand Total 93,500 84,000
Bill Of Costs Taxed At 93,500 84,000 Particulars 1. Item 1- Instruction Fees:As per the provisions of Paragraph 7(2)(a) of Schedule 8 of the Advocates Remuneration Order, the instruction fees sought is not excessive and is within the reasonable bounds of the law. However, there was no complexity and issues of novelty demonstrated in handling the matter.Amount taxed at Kshs.69,900
2. Items 2, 3 and 4 - Drawing Preliminary ObjectionAttending the registry to file the Preliminary ObjectionService upon the Tenant’s AdvocateAmount taxed is okay and in accordance to Paragraph 4 (a)(i) of Schedule 6, Paragraph 5(d) of schedule 6 and Paragraph 8(a)(i) of Schedule 8 of the Advocates Remuneration Order, 2014.
3. Items 5,6 and 7- Drawing Notice of Motion and Grounds of Opposition- Attending the registry to file the Notice of Motion- Service upon the Tenant’s AdvocateAmount taxed is okay and in accordance to Paragraph 4 (a)(i) of Schedule 6, Paragraph 5(d) of schedule 6 and Paragraph 8(a)(i) of Schedule 8 of the Advocates Remuneration Order, 2014.
4. Items 8 and 9 -Attending Tribunal For hearing:Item 8 is in accordance with the scale. As for item 9, amount taxed is excessive and not in accordance to Paragraph 8 (c)(ii) of Schedule 8 of the Advocates Remuneration Order, 2014. It is inconceivable that hearing under item 9 lasted a whole day.Amount taxed 1,900/=
5. Item 10- Attending Tribunal for Ruling:Amount taxed is okay and in accordance to Paragraph 4 (a)(i) of Schedule 6, Paragraph 5(d) of schedule 6 and Paragraph 8(a)(i) of Schedule 8 of the Advocates Remuneration Order, 2014.
10. Based on these provisions of the Law, and having considered the Landlord’s and Tenants’ submissions, it is the conclusion of this Tribunal that the Bill of Costs have been drawn within the reasonable confines of the Law.
11. Based on the foregoing, the Tenants’ Bill of Costs dated 10th February 2023 is taxed at Kshs. 84,000/=.
ORDERSFor the reasons given above I Order as follows that:1. The Tribunal taxes the Landlord’s party and party bill of costs dated 10th February 2023 at Kshs 84,000/=.2. The Tenants shall pay the costs within 60 days from the date of being served with a certified copy of the order.
HON A. MUMA - VICE CHAIRBUSINESS PREMISES RENT TRIBUNALRULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON A. MUMA THIS 22ND DAY OF MAY 2023 IN THE ABSENCE OF PARTIES.HON A. MUMA - VICE CHAIRBUSINESS PREMISES RENT TRIBUNAL