Gwaro v Metropolitan National Society Limited [2023] KECPT 1067 (KLR)

Gwaro v Metropolitan National Society Limited (Tribunal Case 204/E265 of 2022) [2023] KECPT 1067 (KLR) (Civ) (30 November 2023) (Ruling)

Neutral citation: [2023] KECPT 1067 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 204/E265 of 2022

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

November 30, 2023

Between

John Omoga Gwaro

Claimant

and

Metropolitan National Society Limited

Respondent

Ruling

1. The matter for determination is the Applicant`s Bill of Cost dated 6th March 2023 which relates to the judgment of the Honorable Tribunal delivered on 26th January 2023 and the Statement of Claim dated 3rd April 2022.

2. The value of the subject matter was ascertained and judgment granted for a liquidated sum of Kshs. 166,571. 88/= plus interests.

3. Section 27 of the Civil Procedure Act Laws of Kenya as read together with Schedule 11 of the Advocates (Remuneration) Amendment Order 2014 empowers the Tribunal to award and assess Bill of Costs and as such the Applicant`s Bill of Cost shall be assessed as follows;

4. Item 1, 3 and 11: No advocate was retained by the Applicant in this case as per Rule 1 Schedule 11 of the Advocates Act, for these reasons, the same are disallowed.

5. Items 5 & 6: The Tribunal takes note of the receipts provided and therefore allowed as drawn.

6. Item 9: It is not clear what this item is for, and no receipt is provided for the same, and therefore is disallowed.

7. Item 2, 4, 7, 14, 16 and 18 in respect of transport and visiting the registry for the preparation of the hearing are not provided for in Schedule 11. Only attendances by an advocate would be considered under Rule 10 (b) of the of the Schedule 11. The same are therefore disallowed.

8. Item 11 in respect of service of summons to enter appearance is not provided for under Schedule 11 of the Remuneration order and neither did the Applicant provide receipts of the same, for these reasons, the same is disallowed.

9. Items 10, 12, and 17 are assessed and taxed at Ksh.500/= each according to Rule 10(a) of Schedule 11 for reasons that the attendance were not hearings.

10. Items 13: This is an erroneous repetition of item 12 which has been allowed and therefore disallowed.

11. Item 15: This item is erroneous as there was no mention on this date and therefore disallowed.

12. The upshot of this assessment is therefore that the honorable tribunal assesses and awards the Applicant a total cost of Kshs. 6,031/=

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF NOVEMBER, 2023. Hon. Beatrice Kimemia Chairperson Signed 30. 11. 2023Hon. J. Mwatsama Deputy Chairperson Signed 30. 11. 2023Hon. Beatrice Sawe Member Signed 30. 11. 2023Hon. Fridah Lotuiya Member Signed 30. 11. 2023Hon. Philip Gichuki Member Signed 30. 11. 2023Hon. Michael Chesikaw Member Signed 30. 11. 2023Hon. Paul Aol Member Signed 30. 11. 2023Tribunal Clerk JonahJohn Gwaro presentKorir advocate holding brief for Mr. Thimba advocate for Respondent.Hon. J. Mwatsama Deputy Chairperson Signed 30. 11. 2023