Githinji & 3 others v Mwangi & another [2024] KECPT 241 (KLR) | Costs Taxation | Esheria

Githinji & 3 others v Mwangi & another [2024] KECPT 241 (KLR)

Full Case Text

Githinji & 3 others v Mwangi & another (Tribunal Case 509 of 2013) [2024] KECPT 241 (KLR) (7 March 2024) (Ruling)

Neutral citation: [2024] KECPT 241 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 509 of 2013

BM Kimemia, Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

March 7, 2024

Between

James Mwangi Githinji

1st Claimant

James Mwangi Mbatia

2nd Claimant

Gibson Mwangi Macharia

3rd Claimant

Peter Macharia Gichungu

4th Claimant

and

Peter Kamau Mwangi

1st Respondent

Chai Savings & Credit Society Limited

2nd Respondent

Ruling

1. The matter before us for determination is the 2nd Respondent’s Party and Party Bill of Costs dated 22nd November, 2022. The Bill has not been opposed by the Claimants, though they were given the opportunity to file submissions.

Determination 2. The 2nd Respondent’s Bill has the following charges which in our discretion we tax accordingly:i.Instruction fees:The 2nd Respondent has charged Kshs. 58,800/= under this head.We agree with the 2nd Respondent and tax the same as charged at Kshs. 58,800/= in terms of Schedule II part A clause of the Advocate’s Remuneration Order.ii.Attendances :Based on clause 10 of part A, Schedule II of the Advocate’s Remuneration Order, we tax the Attendances at a total sum of Kshs. 14,900/=.iii.Refunds:Under this head, the 2nd Respondent has combined filing fees and have expenses.We are satisfied that the said expenses were incurred, and tax the same as charged at the sum of Kshs. 9,130/=.We hereby allow the 2nd Respondent’s Bill of Costs dated 22. 11. 2022 and tax the same at the sum of Kshs. 82,830/= all inclusive.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF MARCH, 2024. HON. BEATRICE KIMEMIA - CHAIRPERSON - SIGNED 7. 3.2024HON. BEATRICE SAWE - MEMBER - SIGNED 7. 3. 2024HON. FRIDAH LOTUIYA - MEMBER - SIGNED 7. 3.2024HON. PHILIP GICHUKI - MEMBER - SIGNED 7. 3.2024HON. MICHAEL CHESIKAW - MEMBER - SIGNED 7. 3.2024HON. PAUL AOL - MEMBER - SIGNED 7. 3.2024Tribunal Clerk - JemimahMiss Busima advocate holding brief Milimo advocate for 2nd Respondent.No appearance by Claimants and 1st Respondent.HON. BEATRICE KIMEMIA - CHAIRPERSON - SIGNED 7. 3.2024