John Gathuka Thecheri v Angaza Africa Saccoo Society Ltd [2021] KECPT 521 (KLR)

REPUBLIC OF KENYA

IN THE COOPERATIVE TRIBUNAL AT NAIROBI

CTC CAUSE NO. 681 OF 2019

JOHN GATHUKA THECHERI............................................................CLAIMANT

VERSUS

ANGAZA AFRICA SACCOO SOCIETY LTD..............................RESPONDENT

RULING

The matter for determination is Claimant`s Bill of Cost dated 10th March, 2021 and filed on 19th April 2021 together with a Mention Notice and Affidavit of Service. The Respondent neither responded to the said Bill of Cost nor appeared in court on 22nd April 2021.

The claim was for Kshs.33,300/= from the Statement of Claim dated 30th October 2019 and filed on 31st October 2019. The Respondent replied to the said claim vide their Statement of Defence dated 11th November 2019 and filed on 12th November 2019 admitting to Kshs.21,436 as owing to the Claimant and Kshs.10,000/- being Claimant`s shares. This judgment was entered against the Respondent and parties were directed to agree on costs. They failed to do so and on 28th October, 2020. The Claimant was directed to file and serve his Bill of Cost which is the subject of this Ruling, to this end, the issues for determination are just two; -

i. Should this Tribunal assess and tax off claimant`s Bill of Cost? and if so

ii. What is the amount assessed and taxed off from the said bill of Cost.

Should this Tribunal assess and tax off claimant`s Bill of Cost

Parties were urged to agree on costs but they did not. The Respondent  did not file  a response  to  the Bill of costs. The Tribunal has powers under Section 27of the Civil Procedure Act to award and assess costs hence jurisdiction to assess and tax off Claimant`s Bill of Cost.

What is the amount assessed and taxed off from the said Bill of Cost

Bill of Costs are guided by the Advocates Remuneration Order and particularly in this case Schedule 11 of the 2014 Advocates Remuneration Order pursuant to Legal Notice No. 35. It is this schedule that shall guide our assessment.

Item 1 ; assessed and taxed at Ksh165/-

Item 2; assessed,  at  Kshs.5000/= as prayed.

Item 3; assessed and taxed at Ksh1,520/= supported by receipt dated 31/10/2019.

Item 4; assessed and taxed off at Ksh3,000/- since the Respondent entered Appearance and filed their defence in response to the summons dated 31st October 2016.

Item 5 and 6 are declined for reasons that the same are not supported by any evidence.

Bill of  costs assessed  at Kshs. 9,685/= plus  interest from  31. 10. 2019 to May  2021.

(19months /12*12/100*9685 +9685=11,525/=.)

Bill of cost total  amount  Kshs.11,525/=.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 27TH   DAY OF MAY, 2021.

Hon. B. Kimemia   Chairperson   Signed  27. 5.2021

Hon. J. Mwatsama  Deputy Chairperson Signed  27. 5.2021

Mr. P. Gichuki   Member   Signed  27. 5.2021

Tribunal Clerk   Leweri

Claimant  present  in person

No appearance for Respondent

Hon. B. Kimemia   Chairperson   Signed  27. 5.2021