[2023] KECPT 770 (KLR)

[2023] KECPT 770 (KLR)

The Tribunal found that the Claimant's Bill of Costs was drawn to scale in accordance with the Advocates Remuneration Order, Schedule II. As the Respondent did not file any response or appear, the Tribunal taxed the uncontested items as prayed and made specific adjustments to items 11, 15, and 16. The total Bill of...

Source-derived case information.

Citation
[2023] KECPT 770 (KLR)
Parties
Applicant: Wareng Multipurpose Cooperative Sacco Limited; Respondent: Paul Kipkorir Kandie
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 107 of 2021
Procedural Posture
Bill of Costs / Taxation Ruling
Outcome
Bill of Costs taxed and allowed as specified.
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, Default Judgment
Source Language
en
Civil Procedure Costs Taxation Advocates Remuneration Order Bill of Costs Default Judgment

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Parties

Wareng Multipurpose Cooperative Sacco Limited

Applicant

Paul Kipkorir Kandie

Respondent

Procedural Posture

Bill of Costs / Taxation Ruling

Legal Issues

  1. 1 Whether the Claimant's Bill of Costs should be taxed as drawn in the absence of a response from the Respondent.
  2. 2 Whether the items in the Bill of Costs comply with the Advocates Remuneration Order.

Ratio Decidendi

The Tribunal found that the Claimant's Bill of Costs was drawn to scale in accordance with the Advocates Remuneration Order, Schedule II. As the Respondent did not file any response or appear, the Tribunal taxed the uncontested items as prayed and made specific adjustments to items 11, 15, and 16. The total Bill of Costs was taxed at Kshs. 142,828, reflecting both the uncontested and adjusted items. The Tribunal's decision was based on the absence of opposition and the Bill's compliance with the prescribed scale.

Court Disposition

Bill of Costs taxed and allowed as specified.

Orders

  • The Claimant's Bill of Costs dated 11.5.2022 is taxed at Kshs. 142,828.
  • Items 1,2,3,4,5,6,7,8,9,10,12,13,14,17 and 18 are taxed as prayed.